Grate v. State

Court of Civil Appeals of Texas
Grate v. State, 23 Tex. Ct. App. 458 (1887)
5 S.W. 245; 1887 Tex. Crim. App. LEXIS 109
White

Grate v. State

Opinion of the Court

White, Presiding Judge.

If the testimony of the prosecutrix, Tena Rogers, is credible, then she was ravished by the appellant, and the punishment of five years in the penitentiary is an exceedingly mild one. It was for the jury and the court below to ascertain and pass upon her credibility, and the jury having found a verdict in accordance with her testimony, and the trial court having refused to set it aside, we must conclude that they believed her testimony to be true. If true, the evidence is sufficient.

Only one other question appears of record. Should a new trial have been granted on the ground of newly discovered evidence? The main purpose of the-new testimony, as set out in the affi*462davits in support of the motion, appears to be to impeach the main State’s witness, the prosecutrix. The rule is well settled that a new trial will not be granted for newly discovered evidence to impeach a witness. (Posey’s Crim. Dig., p. 511, sec. 8128; Templeton v. The State, 5 Texas Ct. App., 398; Duval v. The State, 8 Id., 370; Atkins v. The State, 11 Id., 8; Jackson v. The State, 18 Id., 586.)

Opinion delivered June 8, 1887.

We have found no reversible error in the record in this case, and the judgment is therefore affirmed.'

Affirmed.

Reference

Full Case Name
Daniel Grate v. State
Cited By
5 cases
Status
Published
Syllabus
1. Rape—Fact Case.—See the statement of the case for evidence held sufficient to support a conviction for rape. 2. New Trial—Impeaching Testimony.—It is a well settled rule of practice that a new trial will not be awarded in order to enable the defendant to secure witnesses to impeach a witness who testified on the trial.