Hogan v. State

Citations

• 46 Miss. 274

Syllabus

<p>1. Cbiminab daw— eape — instbuction ebboneous, -which impeopebdy chabaotebizes statemenx. - — • On the trial under an indictment for rape, there was evidence that the accused, on the morning after the alleged offense, stated to a witness that he had sexual intercourse with the prosecutrix the night before: Held to he error for the court to grant an instruction to the jury for the state, in which this statement of accused in evidence was characterized as a “ confession.”</p> <p>% Same — same — same — erkob to gbant instbuction fob state based on no evidence. —Itis error to grant an instruction for the state without any evidence on which to base it.</p> <p>3. Same —same — testimony of pbosecutbix, how begabded. — While the testimony of the prosecutrix, in charge of rape, is to he scrutinized with judgment and care, no unreasonable suspicion should be indulged against her, ■ but the credibility of her testimony should be left to the jury, with instructions from the court, simple and plainly deduoible from the evidence in the case.</p>