Rodriquez v. State

165 Tex. Cr. 179 (1957)

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Nature of the Case

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Facts

Rodriguez (D) came to the home of Gavia, but he was not home. Catalina, Gavia's daughter, invited D in to wait for her father. Catalina then left the room and upon her return saw D and her seven-year-old daughter on the couch with D holding one hand to the child's mouth and taking off her pants with the other. The child was found not competent to testify. D denied assaulting the child and said was merely helping her in pulling up her pants after she went to the bathroom. D testified that he had seen Cathalina on a country road the prior day with a man lying down on her legs and when he came to see her father, he spoke to her about it, she got mad, denied it, and made the charge against him of assaulting the child. Catalina was recalled and denied D's version of the events. The State was then permitted to prove over D's objection that Cathalina's reputation for truth and veracity was good. D was convicted and appealed.