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State v. Crowder

Citations

  • 119 Wash. 450
  • 205 P. 850
  • 1922 Wash. LEXIS 800

Syllabus

<p>Rape (21) — Evidence — Admissibility — Personal Relations— Other Acts. In a prosecution for statutory rape upon a child under the age of consent, evidence of the details of other acts of sexual intercourse is admissible in corroboration of the prosecutrix, where the time covered was but two months, during which their relations were continuous.</p> <p>Witnesses (84, 94) — Cross-Examination—Accused as Witness— Constitutional Privilege. While accused, by taking the stand, submits himself to proper cross-examination upon a pertinent subject, yet, under Const., art. 1, § 9, providing that no person shall be compelled to give evidence against himself, such cross-examination (aside from impeachment) must be based only upon subjects opened up by his examination in chief.</p> <p>Same (84, 94). In a prosecution for statutory rape, on a day certain, in which the accused took the stand and testified to forming an acquaintance with the prosecutrix, but that the same had terminated prior to the day in question, it is a violation of his constitutional right against self incrimination to compel him, on cross-examination, to testify to acts of intercourse with the prosecuting witness on three or four occasions, one being the act relied on by the state.</p>

Judges: Tolman

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