Reed v. State

Decision Date06 March 1889
Citation11 S.W. 372
CourtTexas Court of Appeals
PartiesREED <I>v.</I> STATE.

Appeal from district court, Williamson county; W. M. KEY, Judge.

Miles Reed appeals from a conviction for assault with intent to rape.

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

HURT, J.

This conviction was for assault with intent to commit rape. The only issue upon the trial to be determined by the jury was consent vel non. If what the prosecutrix swore was the truth, appellant used the force required in such cases to accomplish his purpose. She is shown, however, not only to have sworn falsely regarding material matters, but her conduct when they were discovered by Dora Cook, upon the hypothesis of rape or assault to rape, was unnatural and inconsistent. The issue being force or consent, — force shown by the evidence of the prosecutrix, and consent strongly presented by the attending circumstances, — we are of opinion that a new trial should have been granted to obtain the newly-discovered evidence shown in the affidavits of Barbara and Alice Brown, Nellie Brown, and Eliza Smith. "Barbara...

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3 cases
  • Myers v. State
    • United States
    • Arkansas Supreme Court
    • 16 February 1914
  • Cottrell v. State
    • United States
    • Texas Court of Criminal Appeals
    • 22 February 1922
    ...of appellant's relations with her—to a degree that renders it of more importance than mere impeaching testimony. Reed v. State, 27 Tex. App. 317, 11 S. W. 372; Stewart v. State, 52 Tex. Cr. R. 100, 105 S. W. 809; Piper v. State, 57 Tex. Cr. R. 606, 124 S. W. 661; Eppison v. State, 82 Tex. C......
  • Lawson v. State
    • United States
    • Texas Court of Criminal Appeals
    • 12 November 1947
    ...to bring about a conviction on manufactured and perjured testimony, although the new testimony is also impeaching. See Reed v. State, 27 Tex.App. 317, 11 S.W. 372; Stewart v. State, 52 Tex.Cr.R. 100, 105 S.W. 809; Piper v. State, 57 Tex.Cr.R. 605, 124 S.W. 661; and Hale v. State, 121 Tex.Cr......

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