Rape v. State
| Decision Date | 19 June 1895 |
| Citation | 31 S.W. 652 |
| Parties | RAPE v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Bee county court; Felix J. Hart, Judge.
John Rape was convicted of assault and battery, and appeals. Affirmed.
W. J. Gray and F. G. Chambliss, for appellant. Mann Trice, Asst. Atty. Gen., for the State.
Conviction of assault and battery, the fine assessed being five dollars.
Information charges the name of the assaulted party to be "Secundio Garzia." It is contended the evidence shows it to be "Secundio Garcia." The rule of idem sonans here applies, we think, and it is shown beyond question that he was the assaulted party, and also that the Mexican name "Garzia" is by Americans generally called "Garza," and the witnesses did not know whether "z" was pronounced as "c" or not, or vice versa.
Several witnesses were allowed to state to the jury that, on the night of the alleged assault in this case, a crowd of some 30 or 40 persons ran from a tent in Beeville, Tex., to Fritz Leverman's place of business, and the acts and words of said persons during said time, and at Fritz Leverman's place of business, to all of which defendant objected. This bill does not state the acts or words of the crowd. We are left to conjecture as to what these acts and words were. If we could supply this deficiency in the bill from the evidence, we might suppose that defendant, with the crowd, pursued the injured party between the points designated, and was the nearest person to him as he entered the place of Leverman. He was a principal in the entire transaction, from its incipiency to its close, under the facts before us.
All the evidence before us was properly admitted. There was an agreement between these parties to run the Mexicans out of town. They chased the Mexicans about the town, and several Mexicans were wounded in the melee. The act of one was the act of all, under the case made by the record. This being a misdemeanor, all guilty participants were principals. Houston v. State, 13 Tex. App. 595.
Finding no reversible error in the record, the judgment is affirmed.
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...W. 807, 53 Am. St. Rep. 694); Helmer and Hillmer (Cline v. State, 34 Tex. Cr. R. 415, 31 S. W. 175); Garzia and Garcia (Rape v. State, 34 Tex. Cr. R. 615, 31 S. W. 652); Woodlin and Woodline, Woodlow and Woodland (Dawson v. State, 33 Tex. 491); Noberto and Norberto (Salinas v. State, 39 Tex......
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...after the letter "r" in his surname instead of the letter "a" is unimportant, inasmuch as the names are idem sonans. See Rape v. State, 34 Tex.Cr.R. 615, 31 S.W. 652; Branch's Ann.Tex.P.C. Secs. 22 and Second, because the State has failed to prove the corpus delicti. After a careful examina......
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