Walker v. State

• Decision Date: 24 March 1926
• Docket Number: (No. 9980.)
• Citation: 281 S.W. 1070
• Parties: WALKER v. STATE.
• Court: Texas Court of Criminal Appeals

281 S.W. 1070

WALKER v. STATE.

(No. 9980.)

Court of Criminal Appeals of Texas.

March 24, 1926.

Commissioners' Decision.

Appeal from Criminal District Court, Harris County; C. W. Robinson, Judge.

Frank Walker was convicted of rape, and he appeals. Reversed and remanded.

F. O. Fuller, of Houston, for appellant.

Horace Soule, Cr. Dist. Atty., and J. L. Du Mars, Jr., Asst. Cr. Dist. Atty., both of Houston, Sam D. Stinson, State's Atty., of Austin, and Nat Gentry, Jr., Asst. State's Atty., of Tyler, for the State.

BERRY, J.

The offense is rape; the punishment is five years in the penitentiary.

The state's testimony shows that the appellant came to the boarding house of the prosecutrix and represented to her that he desired to employ her to nurse his baby and act as a companion for his wife, and, believing said representation, she went with him on the street car to the end of the line, and then walked with the appellant through a woods until they had reached a rather secluded spot, when appellant, by drawing a pistol on her, forced her to have intercourse with him. The prosecutrix testified that appellant represented to her that he lived in the direction in which they were going, and that she thought he was taking her to his home for the purpose of giving her employment. The appellant did not testify in the case.

By various bills of exceptions complaint is made at the court's action in permitting the state to prove assaults similar to this one, alleged to have been committed by the appellant on various other parties in the city of Houston. Bill of exception No. 6 shows that a negro woman was permitted to testify that appellant came to her house on Gable street, in 1923, and told her he wanted somebody to work for him, and she consented to take the job, and went with the defendant to Independence Heights, at his instance and direction, and they got on a street car and later got out and went down the railroad track into the woods somewhere, and when they got in the woods, the appellant held a gun on the witness and forced her to have intercourse with him. Similar testimony was given by various other witnesses as to assaults made on them by appellant. The learned trial court told the jury in his charge that if they believed the state had connected the defendant with collateral assaults before they could consider same, they must believe that said assaults had been committed by defendant, and if they found same had been so committed, then not to consider them for any purpose except to illustrate system, motive, and intent of the defendant, if said collateral assaults did illustrate system, motive, and intent in committing the offense for which the defendant...