Anderson v. State

Citations

• 82 Miss. 784

Syllabus

<p>1. Criminal Law. Rape. Passive resistance. Silent objection.</p> <p>It is not rape to have sexual intercourse with a woman over the age of consent whose resistance is passive and objection silent, unless she be overcome by drugs, or other means.</p> <p>2. Same. Evidence. Prosecutrix's declarations.</p> <p>Upon the trial of an indictment for rape, the state may show that the prosecutrix made complaint of her injury shortly after the assault upon her, but may not show the particulars stated by her, nor that she charged defendant with the wrong.</p> <p>3. Same. Alibi.</p> <p>It is prejudicial error on a trial for rape to permit the declarations of the prosecutrix touching, the particulars of, and charging defendant with, the wrong to be given in evidence, although the defense be an alibi.</p>