Colombo v. State

Citations

• 25 Del. 28
• 2 Boyce 28
• 78 A. 595
• 1910 Del. LEXIS 66

Syllabus

<p>1. Witnesses — Recalling Witness.</p> <p>In a prosecution for the rape of a young child, a physician testified that he examined prosecutrix shortly after accused’s arrest, and found her hymen ruptured and inflamed, indicating a partial or complete penetration of her sexual organ by a foreign body; and, before another physician was called to testify to the fact that prosecutrix was affected by a venereal disease contracted by sexual intercourse, the state recalled prosecutrix, who had previously testified that accused had penetrated her body with his sexual organ, and asked her if any other than accused had penetrated her with his sexual organ, which question she answered in the negative. Held, that prosecutrix’s testimony that no one other than accused had penetrated her was admissible, in connection with the testimony that her hymen was ruptured and inflamed, and preparatory to the testimony of the other physician.</p> <p>2. Rape — Elements of Offense — Penetration—Necessity.</p> <p>Sexual penetration is an essential element of the crime of rape.</p> <p>3. Rape — Prosecution—Evidence—Penetration.</p> <p>Sexual intercourse may be proven in a rape case, either by direct evidence, or by circumstantial evidence from which penetration is a necessary inference.</p> <p>4. Rape — Prosecution—Admission of Evidence — Venereal Disease— Admission to Show Penetration.</p> <p>In analogy to the rule permitting evidence of marks of violence to prosecutrix’s private parts in a rape case, in order to show sexual intercourse, and, inferentially, penetration, proof that prosecutrix had a venereal disease, which could only have been contracted by sexual intercourse, was admissible in a rape case to show penetration, in connection with prosecutrix’s testimony that accused was the only man whose organ had ever penetrated her.</p> <p>5. Rape — Prosecution—Evidence—Striking Evidence.</p> <p>Testimony was admitted in a rape case of the fact that prosecutrix had a venereal disease, commun