People v. Mayes

Citations

• 66 Cal. 597
• 6 P. 691
• 1885 Cal. LEXIS 510

Syllabus

<p>fjRTMTnvAT, Law—Evidence—Verdict.—A verdict convicting the defendant in a criminal case will not he reversed for insufficiency of evidence, if the evidence was prima facie sufficient. The weight to he accorded the evidence is a question for the jury.</p> <p>Id,—Bate—Consummation of Offense.—The consummation of the ofl!ens(e of rape may he shown hy the circumstances and surroundings.</p> <p>Id.—Relationship of Parties—Jury.—In a prosecution for rape, where the defendant is a brother-in-law of the prosecutrix, the jury may consider the relations existing between the parties, as tending in some degree to show that the prosecutrix had a right to trust herself to the defendant without fear of molestation or harm from him.</p> <p>Id.—Evidence of Prosecutrix—Conviction.—A conviction of such offense may he had upon the uncorroborated testimony of the prosecutrix.</p> <p>Id.—Plight of Defendant—Evidence.—Evidence is admissible in such a ease to show a search for and flight of the defendant.</p> <p>Id.—Silence of Prosecutrix—Evidence to Explain.—The reason why the prosecutrix did not make an immediate complaint against the defendant may he shown, for the purpose of rebutting any unfavorable inference that might otherwise have been drawn from her silence.</p> <p>Ip.— Complaint by Prosecutrix—Particulars of Not Admissible.— The prosecutrix on her examination in chief, may testify that she complained of the outrage committed on her, but evidence of the particulars of her complaint is inadmissible.</p>