Hash v. State, 21122.
Decision Date | 08 May 1940 |
Docket Number | No. 21122.,21122. |
Citation | 141 S.W.2d 345 |
Parties | HASH v. STATE. |
Court | Texas Court of Criminal Appeals |
Appeal from District Court, Wichita County; Irvin J. Vogel, Judge.
R. L. "Bob" Hash was convicted of rape, and he appeals.
Affirmed.
Ralph P. Dickson and Arthur Tipps, both of Wichita Falls, for appellant.
Lloyd W. Davidson, State's Atty., of Austin, for the State.
The offense is rape. The indictment embraced a paragraph alleging a former conviction for rape. In view of the repetition of offenses, the punishment assessed was confinement in the penitentiary for life.
Appellant contends that the evidence is insufficient to show penetration. Maybelle Davis, the prosecutrix, was 13 years of age. Appellant is an elderly man. According to the testimony of prosecutrix, she frequently went to the place where appellant lived. Appellant bought her candy, gave her money, and also bought her bicycles. Appellant began having sexual relations with her. In her direct examination prosecutrix testified that appellant penetrated her female organ with his penis. On cross-examination it was her version that on the occasions she was with appellant he indecently fondled her person. She said, however, that he did not penetrate her female organ. Upon redirect examination she testified: Further, she testified: On recross-examination prosecutrix maintained that appellant penetrated her female organ.
According to the testimony of Charlie Wilson, a member of the police department of Wichita Falls, he went to the place where appellant worked on the 14th of July, 1939. After watching for a while he observed appellant and prosecutrix coming out of the engine room of the Wichita Cotton Oil Company. After they came out they went to the end of a seed house, unlocked the door and got a bicycle out of it. After the bicycle had been taken out the officer took appellant and prosecutrix into custody. Looking into the seed house, the officer observed an old mattress and a bed stead.
After being taken to the police station appellant made a confession, which, omitting the formal parts, reads as follows: ...
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Nilsson v. State
...element of the offense must be proved beyond a reasonable doubt. e.g., Johnson v. State, Tex.Cr.App., 449 S.W.2d 65; Hash v. State, 139 Tex.Cr.R. 532, 141 S.W.2d 345; Watkins v. State, 78 Tex.Cr.R. 65, 180 S.W. 116; Baldwin v. State, 15 Tex.App. 275; Davis v. State, 43 Tex. Penetration may ......
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...element of the offense must be proved beyond a reasonable doubt. e.g., Johnson v. State, Tex.Cr.App., 449 S.W.2d 65; Hash v. State, 139 Tex.Cr.R. 532, 141 S.W.2d 345; Watkins v. State, 78 Tex.Cr.R. 65, 180 S.W. 116; Baldwin v. State, 15 Tex.App. 275; Davis v. State, 43 Tex. 'Penetration may......
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...element of the offense must be proved beyond a reasonable doubt, e.g., Johnson v. State, Tex.Cr.App., 449 S.W.2d 65; Hash v. State, 139 Tex.Cr.R. 532, 141 S.W.2d 345; Watkins v. State, 78 Tex.Cr.R. 65, 180 S.W. 116; Baldwin v. State, 15 Tex.App. 275; Davis v. State, 43 Tex. 'Penetration may......