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49 Tex. Crim. 165

94 S.W 223

Bradshaw v. State

Court of Criminal Appeals of Texas

Decided December 20, 1905

Court of Criminal Appeals of Texas · decided 1905-12-20

<p>Rape—Corpus Delicti—Confession.</p> <p>On trial for rape of a child under the age of 15 years, where the corpus delicti was proven, a confession of the defendant is sufficient to sustain a conviction; especially where other evidence supports the confession.</p> <p>[Motion for rehearing overruled without written opinion.—Reporter.]</p>

Cited by 1 later decisions — most recently October 1962

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1905-12-20

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BROOKS, Judge.

¶1 Appellant was convicted for rape, upon a child under the age of 15 years, and his punishment fixed at confinement in the penitentiary for a term of five years.

¶2 He confessed to the crime, in the presence of several parties. The evidence shows that proscutrix gave birth to a child. The testimony for the State shows that at the time of the rape prosecutrix was 14 years of age. We have heretofore held that where the corpus delicti is proven, a confession is of sufficient cogency to connect the party making the confession with the murder; and therefore sufficient evidence to support the conviction. Gallegos v. State, 12 Texas Ct. Rep., 792; Attaway v. State, 35 Texas Crim. Rep., 403. We think the evidence, in addition to the above, shows a certain character of association of prosecutrix with defendant. Upon one occasion her mother on returning home, found appellant talking to prosecutrix.

*166 [Motion for rehearing overruled without written opinion.—Reporter.]

¶3 The record contains various bills of exceptions, but under the qualifications and statements of the court, we do not think any of them present any error requiring a reversal, or that require us to review them. Ho error appearing in the record, the judgment is affirmed.

¶4 Affirmed.

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