Logan v. State
Citation | 148 S.W. 713 |
Parties | LOGAN v. STATE. |
Decision Date | 22 May 1912 |
Court | Texas Court of Criminal Appeals |
Appeal from District Court, Somervell County; W. J. Oxford, Judge.
Enos Logan was convicted of statutory rape, and he appeals. Reversed and remanded.
Levi Herring and W. E. Myris, both of Glen Rose, and Bell & Milam, of Ft. Worth, for appellant. Jno. J. Hiner, Dist. Atty., and C. E. Lane, Asst. Atty. Gen., for the State.
Appellant was indicted, charged with the offense of rape upon the person of Ellen Groom, a girl alleged to be under 15 years of age. He was adjudged guilty, and his punishment assessed at five years' confinement in the penitentiary.
1. Ellen Groom, the prosecuting witness, when first carried before the grand jury, declined to testify who it was had carnal intercourse with her. She had declined to tell her mother; but at the time she was in such an advanced state of pregnancy it was known she had had sexual intercourse with some one. She was carried before the district judge, who informed her that, unless she would tell with whom she had sexual intercourse, he would be compelled to send her to jail. She then testified before the grand jury that appellant was the person guilty of the offense. On the trial of the case, she testified that she had met appellant several times; that she had a conversation with him at the fence between their homes five months prior to the act of intercourse; and that during the day on which the intercourse took place that night she talked with him at Milam's store, where he was clerking, and agreed to meet him that night at the branch back of her home. She further testified: That this was the only act of intercourse she ever had with appellant; and that it occurred the latter part of April or 1st of May prior to the birth of her child in January. On cross-examination, she could not fix the time definitely when it occurred, saying:
Mrs. Groom testified to the age of her daughter, and testified that she was under 15 years of age at the date of the alleged rape. She testified she had never seen defendant with her daughter, and that defendant had never been at her home; that she had seen him standing over at his home looking towards her place smiling, and her daughter would be looking over towards his home. On cross-examination, she testified:
Appellant testified that he was 27 years of age, a member of the church, and had never been charged with an offense prior to this time. He further testified:
Mrs. Logan testified that two days after her son was indicted she went to the home of Mrs. Groom, who met her at the gate crying, saying that appellant was not guilty, and said that Ellen said he was not guilty; that they went in the house, and Mrs. Groom spoke to her about some of the school boys, and asked if witness knew the Darnaby boy, and if witness thought the Darnaby boy was old enough to get a kid, when witness replied she did not know the boy. Witness says Mrs. Groom told her she wanted the case thrown out of court; and that prosecuting witness spoke up and said appellant was not guilty. Witness says she went to Mrs. Groom's again a few days later, with Mrs. Fretwell, and that Mrs. Groom told her Ellen had never told her who was guilty; and on one of the trips Mrs. Groom had told her, when they were planning who to lay it on, they started to lay it on Albert Milkerson, and she (Mrs. Groom) had said he was no good, and then said some of us were trying to lay it on Frank, and Frank had said if they did he would take his gun and shoot them up, and that Mrs. Groom had said that Ellen told her they made her swear lies on appellant. On these trips, Mrs. Logan secured notes from Mrs. Groom and Ellen to the officers, stating that appellant was not guilty.
Mrs. Groom denied making these statements to Mrs. Logan; and, while she and Ellen admitted writing the letters to the officers, they said Mrs. Logan begged them to do so; that they did not want to be compelled to go to court, and Mrs. Logan had said if they would write the notes the case would be thrown out, and they would not be compelled to go to court.
Some of the letters written, introduced in evidence, were as follows:
These letters were never delivered to Judge Oxford or Mr. Hiner, and not shown to them until the day of the trial.
This is, in substance, the evidence in ...
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