People v. Hamilton

Citations

• 46 Cal. 540

Syllabus

<p>When Veedict in Cbiminai, Case tod be Set Aside.—Although it is the practice of appellate Courts to refuse to disturb a verdict in a criminal case on the ground that it is not warranted by the evidence, when there is a substantial conflict in the evidence, yet there are exceptional cases, and one of these is, where a rape is alleged to have been committed on a child under ten years of age, and a conviction is had on her uncorroborated testimony, and she makes no complaint for two years, sustains no physical injury, makes no outcry, and the defendant is her stepfather, and physicians testify that it was improbable that bleeding and great bodily pain would not have followed, and the defendant testifies in his own behalf, denying the commission of the offense.</p> <p>Idem.—In such case the Court are warranted in assuming that the jury must have rendered the verdict under the influence of passion or prejudice, particularly if one of them, during the trial, interrupts the counsel for the defense in an improper manner.</p>