Gifford v. People

Citations

• 148 Ill. 173
• 35 N.E. 754
• 1893 Ill. LEXIS 1008

Syllabus

<p>1. Criminal law—evidence tending to show a rape. On the trial of one for the rape of a girl eleven years of age, the testimony of a physician, based on a personal examination made of the person of the girl six months after the alleged rape, that he found a rupture of her hymen, is competent evidence, in connection with the other facts and circumstances, to go to the jury. The remoteness of the examination from the time of the alleged rape goes merely to the probative force of the fact that the hymen was found to be ruptured at the time of the examination, and not to its admissibility.</p> <p>2. Same—witness testifying whose name is not indorsed on indictment. The prosecution in a criminal proceeding is not. confined to the witnesses whose names are indorsed on the indictment, but the court may, in the exercise of a sound discretion, permit other witnesses to be examined, as the justice of the case may seem to require, having due regard to the rights of both the People and the prisoner.</p> <p>3. If the admission of a witness to testify for the prosecution, whose name is not indorsed on the indictment, and without notice, is a matter of surprise to the defendant, he should show-that fact, and on his failure to do so it can not be said that the discretion of the court in allowing such witness to testify has been abused.</p> <p>4. Impeachment of witness—on his reputation for veracity. The proper mode to impeach or sustain a witness for truth and veracity is to first aslvthe witness whether he knows the general reputation of the person sought to be impeached or sustained, among his or her neighbors for truth and veracity, which question the witness must answer in the affirmative before he or she can be asked what that reputation is.</p> <p>5. A witness can not be impeached or sustained by proof of the individual knowledge of a witness of his or her character. The rule requires proof of general reputation, and if a witness, upon being asked the proper question, volunt