Opinion
No. 19511.
Delivered March 9, 1938.
Rape — Evidence.
Judgment of conviction for rape would be affirmed, where State's testimony supported conclusion of the jury that defendant committed the rape charged, defendant admitted his guilt in his confession, but, upon trial, asserted that he had been mistreated by officers prior to signing confession, officers denied that defendant had been in any manner mistreated and declared that defendant's confession had been voluntarily made, and no bills of exception were brought forward.
Appeal from the District Court of Harrison County. Hon. W. H. Strength, Judge.
Appeal from conviction for rape; penalty, death.
Affirmed.
The opinion states the case.
Percy P. Woodard and Stanley E. Timmins, both of Marshall, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The offense is rape; the punishment, death.
The testimony of the State was amply sufficient to support the conclusion of the jury that appellant, who is a negro, raped Mrs. Clara Reed, a white woman. In his confession appellant admitted his guilt. Testifying upon the trial, he asserted that he had been mistreated by the officers prior to signing the confession. The officers denied that appellant had been in any manner mistreated by them, and declared that his confession had been voluntarily made.
No bills of exception have been brought forward.
The judgment is affirmed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.