State v. Beaudin

Citations

• 76 Wash. 306
• 136 P. 137
• 1913 Wash. LEXIS 1812

Syllabus

<p>Criminal Law — Evidence—Complaints by Prosecutrix — Hearsay. Upon a trial for sodomy committed upon a child two and one-half years old, it is error, in admitting evidence that the child made complaints, to allow the witness to repeat the statements made by the child, there being no contention that they were part of the res gestae.</p> <p>Criminal Law — Evidence—Experts — Physical Condition — Rebuttal. Upon a trial for sodomy committed upon a child, after an expert had testified that the condition of the child’s person shortly after the commission of the offense might have been the result of the acts charged, it is error to exclude the evidence of other experts as to what other causes might have produced the condition.</p> <p>Criminal Law — Trial—Presence oe Accused. Under Rem. & Bal. Code, § 2145, providing that no person shall be tried unless personally present during the trial, it is error to give an instruction to the jury in the absence of the defendant; and''the error is not cured, by recalling the jury and repeating the instruction in his presence.</p>