State v. Bailey

Citations

• 31 Wash. 89
• 71 P. 715
• 1903 Wash. LEXIS 587

Syllabus

<p>BAPE-SUFFICIENCY OF EVIDENCE.</p> <p>A verdict of guilty in a prosecution for rape will not be disturbed, although the testimony of the prosecuting witness may have been contradictory in some particulars, where it appears that she was a child of twelve years of age, apparently confused and embarrassed by her position as witness and by the nature of the examination, and where her statements as to the commission of the crime are supported by corroborative testimony.</p> <p>SAME-IMPOTENCY.</p> <p>Where the only evidence as to the impotency of a defendant charged with rape is his own testimony, a verdict of guilty will not be disturbed, when there is evidence tending to establish the material facts showing guilt.</p> <p>SAME-EXCLUSION OF TESTIMONY.</p> <p>Testimony of a witness as to statements made to him by a defendant charged with rape concerning the latter’s impotency was properly excluded, where the question was general and indefinite as to time.</p> <p>WITNESSES-CAPACITY OF CHILD TO TESTIFY-DISCRETION OF COURT.</p> <p>The capacity of a witness of tender years to understand the nature of an oath is a question for the discretion of the trial judge, and will be disturbed on appeal only in cases where the record shows manifest abuse of discretion.</p> <p>SAME — CROSS-EXAMINATION.</p> <p>Where a witness had not been examined in chief as to complaints made by the prosecutrix at police headquarters as to pains or injuries sustained by her as the result of an alleged rape, cross-examination on the subject was not proper.</p> <p>TRIAL-MISCONDUCT OF PROSECUTING ATTORNEY.</p> <p>Misconduct of counsel cannot be urged on appeal, unless the trial court was asked to correct it, and to properly instruct the jury concerning same, followed by exception in case of the court’s refusal.-</p> <p>SAME-INSTRUCTIONS-CHARGE AS TO LESSER OFFENSES.</p> <p>Where there is no evidence tending to support lesser offenses than that charged in the information, it is not error for the court to fa