Reese v. State

• Decision Date: 15 May 1918
• Docket Number: (No. 5024.)
• Citation: 203 S.W. 769
• Parties: REESE v. STATE.
• Court: Texas Court of Criminal Appeals

203 S.W. 769

REESE v. STATE.

(No. 5024.)

Court of Criminal Appeals of Texas.

May 15, 1918.

Appeal from District Court, Austin County; M. C. Jeffrey, Judge.

Miles Reese was convicted of assault to commit rape upon a girl under 15 years of age, and he appeals. Affirmed.

C. Douglas Duncan and Johnson, Matthaei & Thompson, all of Bellville, for appellant. E. B. Hendricks, Asst. Atty. Gen., for the State.

DAVIDSON, P. J.

Appellant was convicted of assault to rape upon a girl under 15 years of age.

The facts show that she was between 7 and 8 years of age at the time of the occurrence. The little girl was left at home with her baby sister by her mother. Appellant came to the house, laid her on the bed, and undertook to have intercourse with her. Her testimony is to the effect that he pulled down her drawers and placed his privates between her legs and hurt her a little. There was an emission, but not an entrance in the private parts of the girl. The girl was impeached by showing that she made statements impairing the truth of her statements before the jury. She denied making the statements, and the appellant contradicted her. The facts show that there were indications of an emission and some blood on her drawers three or four days subsequent to this transaction. However, she said nothing about it until her mother made this discovery. Appellant himself testified and introduced evidence in corroboration showing an alibi. He denied the whole transaction, and said that he was not present, and that the matter did not occur so far as he was concerned. There is evidence also that the girl developed gonorrhea four or five days after the alleged transaction. This matter was gone into pretty fully before the jury. Appellant was sustained by his mother to the effect that she did the washing of the clothes of defendant, and that she saw no evidence of disease on his clothes. There was a woman living in the house with the mother of prosecutrix named Cochran, who, it was developed, had syphilis. The contention of appellant was that the pus from this woman might have gotten on the child and developed the gonorrhea. A physician testified that this could not be; that if the woman had both syphilis and gonorrhea that it was possible if the pus should have gotten on the girl's private parts that either disease might have been developed, but the evidence shows that the woman Cochran did not have gonorrhea, but only had syphilis.

This is a case of assault to commit rape on a girl under 15 years of age; therefore the questions of force and consent were not material issues. The element of force was not charged in the indictment. Nor do we think...