McGee v. State

• Decision Date: 25 June 1886
• Citation: 2 S.W. 890
• Court: Texas Court of Appeals
• Parties: McGEE <I>v.</I> STATE.<SMALL><SUP>1</SUP></SMALL>

2 S.W. 890

McGEE

v. STATE.¹

Court of Appeals of Texas.

June 25, 1886.

Appeal from district court, Limestone county.

This conviction was for an assault with intent to rape Carry Rhodes, and the penalty assessed was a term of two years in the penitentiary. The statement of facts covers 26 pages of the record. Ordinarily, the evidence would be reported in condensed form, inasmuch as it is involved in each ruling of the court. But to follow it in detail, in order to disclose the facts proved, — however necessary a process in the court below, — would involve the relation of a narrative too indecent and obscene for publication. It is sufficient for all purposes to say that, according to the testimony of the prosecutrix, the defendant came to her bed, in the house of her mother and stepfather, during the absence of those persons, pulled her clothing up to her waist, unbuttoned his pants and drawers, got on top of the prosecutrix, pressed her legs apart, and placed his male member between her legs at the point of bifurcation, attempting, but failing, to introduce it into her private organ. He threatened to kill her if she made outcry. The private parts of the prosecutrix, it seems, were dry when the defendant covered her, but were saturated, as likewise was the bed in part, when he released her. The defense, in rebuttal, read the written testimony of the prosecuting witness, taken before the examining trial. It contained some statement from which it could be inferred that, in exposing his own and the private parts of the prosecutrix, and in bringing them into juxtaposition without introducing the one into the other, the accused sought only an interchange of indecent caresses. The written testimony also showed inconsistencies in some particulars with the statement of the witness on the stand.

Cobb & Kincaid, for appellant, raised the questions discussed in the opinion.

Asst. Atty. Gen. Burts, for the State.

HURT, J.

This appeal is prosecuted from a conviction for assault with intent to rape, the punishment fixed for the verdict being two years in the penitentiary. The assault was made at night, during the absence of the girl's mother and step-father. When they returned, during the night, nothing was said as to what had occurred in their absence, but the girl made complaint to her mother the next morning. The mother being a witness, she was allowed to testify as to the particulars of the complaint made to her by the girl. Under repeated decisions of ...