Mings v. Commonwealth

Citations

• 85 Va. 638
• 8 S.E. 474
• 1889 Va. LEXIS 76

Syllabus

<p>1. Criminal Proceedings&emdash;Rape&emdash;Evidence.&emdash;On trial for rape, prosecutrix testified that her father hated prisoner, who offered to prove the cause;</p> <p>Held :</p> <p>The fact sought to be proved is collateral to the issue, and no reasonable inference can be drawn from it to the matter in dispute ; and is inadmissible.</p> <p>2. Idem&emdash;Instruction&emdash;Force&emdash;Outcries.&emdash;At such trial prisoner asks for an instruction “that such force is essential to the crime as may be adequate to overcome the resistance of the woman, taking into consideration the relative strength of the parties and other circumstances; ” and the court giving it adds: “such as making outcries and giving alarm: ”</p> <p>Held :</p> <p>The instruction was proper.</p> <p>3. Idem&emdash;Case at bar.&emdash;In case here, the evidence warrants the verdict of guilty.</p>