Duckett v. State
This text of 191 S.W.2d 879 (Duckett v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
At a former day of this term of court an opinion was handed down reversing this causé. The State filed a motion for rehearing. Upon consideration of this motion, the former opinion is withdrawn and the following is substituted in lieu thereof :
The appeal is from a conviction on a charge of assault to rape.
The record before us, as certified by the trial judge, shows that at the time of the commission of the alleged offense, the prosecutrix was the wife of the appellant. Ordinarily a husband ‘cannot be guilty of assault with intent to rape his wife. Frazier v. State, 86 S. W. 754.
Because no violation of law is shown, the judgment of the trial court is reversed and the cause is remanded. The State’s motion for rehearing is overruled.
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Cite This Page — Counsel Stack
191 S.W.2d 879, 149 Tex. Crim. 100, 1946 Tex. Crim. App. LEXIS 681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duckett-v-state-texcrimapp-1946.