Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 696
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hand, where no order had been made requiring the payment of the
money into court ? Id.
MUNICIPAL CORPORATIONS, 4, 5.
1. An indictment for rape must charge that the accused " did ravish;"
the use of the noun " rape," instead of the verb "ravish," is insufficient.
Davis v. The State, 226.
2. As carnal knowledge, with or without consent, of a female under
ten years of age, is rape, the allegations of force and want of consent
are immaterial, and mere surplusage, and if alleged need not be proved.
3. It is not necessary in an indictment for rape to charge that the
accused was over fourteen years, of age at the time of the offense: if
under that age such fact is matter of defense. Id.
4. See testimony, held inconclusive of guilt, as to penetration. Id.
5. Medical testimony should be had in investigations of cases of rape
upon a female under ten years; an examination of the injured party
should be had; and every source of knowledge of the fact explored. Id
PRINCIPAL AND SURETY, 1, 2.
A plea of former adjudication, to which is annexed a copy of the
proceedings in such former suit, in which the course of action does not
appear identical, but accompanied by distinct averments that the matter
adjudicated was the identical subject matter, and that the trial was upon
the merits, should not be stricken out on exceptions. The matter
should be submitted to the jury. Bledsoe v. White, 130.
1. When a debt is incurred for the protection of the separate property
of the wife, to secure which a note is executed voluntarily by the wife
jointly with her husband, judgment may be rendered on the note directing
execution to be levied on the community property, or on the sepa.
rate property, at the option of the plaintiff. Grant v. Wtittlesey, 320.
2. The word increase, in 14th Section, Article 12 of the Constitution,
was used in the sense given to the word by previous decisions of the
courts, and, as defined, the increase does not include the hire of separate
personal property. Carr v. tucker, 830.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/704/: accessed June 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .