Burnett v. State

Court of Criminal Appeals of Texas
Burnett v. State, 22 S.W. 47 (Tex. Crim. App. 1893)
32 Tex. Crim. 86; 1893 Tex. Crim. App. LEXIS 217
Simkens

Burnett v. State

Opinion of the Court

SIMKENS, Judge.

Appellant was convicted of incest, and his punishment fixed at two years in the penitentiary, from which he appeals. The sole question raised in the case is, whether the State can prove the crime of incest by evidence of more than one act. This is not an open question. It is well settled, that in prosecutions for adultery, or for illicit intercourse of any class, evidence is admissible of sexual acts between the same parties prior to, or, when indicating continuousness of illicit relations, even subsequent to, the act specifically under trial. Whart. Crim. Ev., sec. 35. The testimony tends strongly to establish illicit relations, long continued, between the parties, and, if true, there can be no question of appellant’s guilt. The judgment is affirmed.

Affirmed.

Judges all present and concurring.

Reference

Full Case Name
James Burnett v. the State
Cited By
15 cases
Status
Published