Dickey v. State

Decided June 2, 1886

Court of Appeals of Texas · decided 1886-06-02

Tried below before the Hon. G. N. Aldredge. The conviction in this case was for the rape of Mattie Reid, in Dallas county, Texas, on the nineteenth day of March, 1886. A term of five years in the penitentiary was the penalty assessed against the appellant. Miss Mattie Reid was the first witness for the State. She testified that she was seventeen years of age, and that she had known the defendant about two years.

Decided 1886-06-02

White, Presiding Judge.

¶1This is an appeal from a conviction for rape, the punishment assessed by the judgment of the lower court being five years in the penitentiary.

¶2We are not satisfied with the sufficiency of the evidence, as developed in the record, and do not believe that a conviction based upon such testimony' should be permitted to stand as a precedent in such cases. (The Reporters will state the facts in full.)

*436Opinion delivered June 2, 1886.

¶3Because, in our opinion, the evidence is insufficient to support the verdict and judgment, the judgment is reversed and the cause is remanded.

¶4Reversed and remanded.