Burnett v. State

22 S.W. 47, 32 Tex. Crim. 86, 1893 Tex. Crim. App. LEXIS 217

• Court: Court of Criminal Appeals of Texas
• Decided: April 22, 1893
• Docket: No. 50.
• Status: Published

Opinion

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.