State v. Carpenter

Citations

• 32 Wash. 254
• 73 P. 357
• 1903 Wash. LEXIS 410

Syllabus

<p>CRIMINAL LAW-EVIDENCE-ADMISSIONS.</p> <p>Admissions of accused at the preliminary examination, upon being asked by the magistrate whether or not he had any testimony to offer, are not made under the influence of fear produced by threats, and evidence of the same is admissible, although the witnesses did not say in words that they were not made under the influence of fear.</p> <p>SAME.</p> <p>Evidence of admissions by accused is admissible where the jailer testifies that no inducements were held out to the accused, and that they were made in the presence of his wife when she was visiting him in the jail.</p> <p>RAPE-EVIDENCE OF OTHER CRIMES-IMPEACHING CHARACTER.</p> <p>Upon the charge of rape of defendant’s daughter, where the defendant’s general character has been put in issue, and his wife has testified on cross-examination that a daughter other than the one named in the information never told her that the accused had attempted to commit the crime of rape upon her, it is error requiring a reversal to permit the state to impeach the defendant’s character by evidence of a specific crime other than the one for which he is on trial.</p> <p>SAME.</p> <p>Neither is it competent to rehut his wife’s testimony hy evidence of the daughter to the effect that defendant had attempted to have sexual intercourse with her, as the state is concluded by answers on cross-examination pertaining to collateral matters.</p> <p>REASONABLE DOUBT.</p> <p>An instruction as to reasonable doubt approved (following State v. Krug, 12 Wash. 288).</p>