Pate v. State

345 S.W.2d 532, 171 Tex. Crim. 126, 1961 Tex. Crim. App. LEXIS 4363

• Court: Court of Criminal Appeals of Texas
• Decided: February 8, 1961
• Docket: 32883
• Status: Published

Opinions

MORRISON, Judge.

The offense is rape; the punishment, 60 years.

Prosecutrix testified that, while she and a younger woman companion were driving down a highway in Angelina County at night, appellant forced their Volkswagen off the highway. She stated that appellant demanded their money and searched their purses but found none, after which he locked their car, threw the keys into a ravine, and forced the two women to get into his car. She said that after driving some distance he said, “One of you get out,” and prosecutrix told the younger woman to get out, which she did; that appellant then drove off again and stopped on a side road; that, despite her remonstrances that she was undergoing her menstrual period, he forced her to remove her clothes and throw away her Tampax or sanitary napkin, and had intercourse with her.

Prosecutrix testified that appellant several times threatened to kill her; that he had his hand in his left-hand pocket and told her to do as he said and she wouldn’t be hurt; that she was m fear of death or serious bodily injury if she did not do what he said, and that during the intercourse there was “something sharp pointed in my ribs on the right side.” She testified that after she put on her clothes appellant told her to get out of the car, threatened to kill her if she told the police he had raped her, and drove away.

It was shown by the testimony of the officers that the younger woman was picked up by a passing motorist and gave the alarm; that prosecutrix was found walking toward the highway, and that she pointed out to them the scene of the assault, where they found the Tampax.

The doctor who examined prosecutrix at the hospital testified that he found male sperm in her vagina, verified the fact that she was in her menstrual period, and stated that prosecutrix “was obviously distraught with fear, and I had to give her an injection of a sedative prior to performing a pelvic examination.”

Prosecutrix’s companion corroborated her testimony relating to what occurred up to the time that she was permitted to get out of appellant’s car.

Appellant was arrested in Houston some three weeks later.

Appellant’s confession was introduced in evidence in which he admitted that he forced a car in which the two women were riding off the highway; that he demanded their money, looked through their purses but found none; that he made the girls get in his car, locked their car and threw away the key, drove a short way and turned off of the highway; that he told one of the girls to get out, drove with the other back to the highway, turned off on a dirt road and stopped after going about a mile. The confession continues as follows:

“I finally told her to take her clothes off. She argued with me for a while and she seemed to be scared. I got in the back seat with her and made her take all her clothes off. She took them off and told me that she was sick. I didn’t understand what she meant. I thought she was just saying that to keep me from raping her. She begged me not to rape her but I went ahead and got on top of her and had intercourse with her. * * * At no time did this girl give me her consent to have intercourse with her. I knew that I had committed the offense of rape. My original intentions were to stop the women and rob them. * * *”

Appellant did not testify or offer any evidence in his own behalf.

We find the evidence sufficient to support the conviction.

There are no formal bills of exception in the record, and we find no reversible error reflected by the informal bills indexed in the statement of facts. No brief has been filed.

Finding no reversible error, the judgment of the trial court is affirmed.