Watkins v. State

• Decision Date: 10 November 1915
• Docket Number: (No. 3815.)
• Citation: 180 S.W. 116
• Parties: WATKINS v. STATE.
• Court: Texas Court of Criminal Appeals

180 S.W. 116

WATKINS v. STATE.

(No. 3815.)

Court of Criminal Appeals of Texas.

November 10, 1915.

Appeal from District Court, San Augustine County; A. E. Davis, Judge.

Creed Watkins was convicted of rape upon a girl under 15 years of age, and he appeals. Affirmed.

Wm. McDonald, of San Augustine, for appellant. C. C. McDonald, Asst. Atty. Gen., for the State.

DAVIDSON, J.

Appellant was convicted of rape upon a little girl under 15 years of age, the record showing she was about 4 years and 9 months old. He was awarded 10 years' confinement in the penitentiary.

During the trial the state offered the testimony through the mother of the child to prove the statements of the child, made something like an hour or an hour and a half after the alleged assault, under practically the following circumstances: The mother of the child testified that her husband was suffering with an abscess, or some trouble at least with one of his teeth. She carried him to town a half mile or such matter to the dentist for the purpose of having the place lanced; that she was gone half an hour to an hour. On her return the little girl detailed her the statements of the assault, charging the defendant with having outraged her. Appellant's contention was this was hearsay and inadmissible. The mother at once examined the child, and found the private parts injured to some extent and later sent for Dr. Smith, who testified that the hymen had not been ruptured, and so far as that was concerned, she had not been penetrated, but he does testify that he examined the child and found the genital organs inflamed and bruised with some discharge between the external genitals. "The discharge was a kind of pus, stringy like." He had been treating her since. He continued this treatment and made one or two more examinations during the treatment. He says it was possible that the male organ of a man could produce that condition of the private parts.

"As to what depth of the external parts this condition existed, will say, I would have to kinder estimate that; it is the external genitals; they are external to the vagina, external to the hymen. The depth to the hymen would vary. I suppose in this little girl it is something like half an inch probably. As to whether or not this red condition or bruised condition extends to that entire thickness, will say, there was more in the bottom, you might say, than the outside. Whatever produced that condition must have extended for at least half an inch in this external genital organ."

Appellant was a boy about 18 years of age and given to masturbation.

With reference to the question of penetration in rape, it is not necessary that the hymen be ruptured, or even the penetration of the male member reach that point. If it enters between the labia or lips of the female private parts, this has been held sufficient penetration to constitute the crime of rape. A complete act is...