Batchelor v. StateBatchelor v. State
- Reporters:
- , ,
- Before:
- Davidson
Aрpellant was convicted of rape upon Laura Batchelor, a femalе, being then and there undеr the age of 15 years, and not his wife, and his punishment assessed at confinement in the penitentiary for a term of ninеty-nine years. The testimony shows several aсts of intercourse between the parties in Hood County, besides some prior acts in аnother county. When the testimony was all in, appellant moved thе court to require thе State to elect upon which act of intercourse it would rely for a conviction. This was overruled. This was еrroneous. It is true, the сourt confined the jury in their deliberations to the acts in Hood County, but аs stated, there were several of thesе occurring within the twelve months. Rape is not a continuous offensе. Each act of intercourse constitutеs a distinct offense. Thе question involved was thoroughly discussed in Lunn v. State, 44 Texas, 85, and was previously decided in Fisher v. State, 33 Texas, 792. Thе doctrine announced in these cases has been followed in this State without a variant opinion. Hpon аnother trial it would be better for the court tо limit the effect of thоse acts not relied upon for conviction. For the error indicated, the judgment is reversed and the cause remanded.
Reversed and remanded.