State v. Carter

Citations

• 8 Wash. 272
• 36 P. 29
• 1894 Wash. LEXIS 51

Syllabus

<p>SEDUCTION — WHAT CONSTITUTES — IMPEACHMENT OF WITNESS — MISCONDUCT OF WITNESS — BRIEFS—REFERENCES TO RECORD.</p> <p>Where the inducements for sexual intercourse held out by a man to a girl of twelve years of age consisted in kissing and fondling her and feeling of her person, and in representations to her that it was not wrong to have sexual intercourse, and that he would not hurt her, these representations being made and this conduct occurring upon a number of occasions when he attempted to have intercourse with her without accomplishing penetration, and also thereafter when he succeeded, they are sufficient, in view of the girl’s tender age, to constitute the ofíense of seduction.</p> <p>Where the prosecution, in order to avoid a continuance on account of the absence of a material witness of the accused, has admitted that the testimony set forth in the affidavit for continuance would be given by such witness, if present, the state cannot subsequently undertake to impeach said witness by introducing another witness to testify that the absent witness had made different statements to him.</p> <p>Where the prosecuting witness in a seduction case takes her child to the witness stand, and it appears that this was done by direction of the prosecuting attorney solely for the purpose of exhibiting the child, to the jury and of exciting prejudice against the defendant, such action is sufficient to entitle defendant to a new trial.</p> <p>Where many of the points argued in appellant’s brief purport to be based upon parts of the record, without indicating the pages thereof, the court will not hear the appeal until after an amendment of the brief upon terms imposed.</p>