State v. DeMasters

Citations

• 15 S.D. 580
• 90 N.W. 852
• 1902 S.D. LEXIS 46

Syllabus

<p>1. On a prosecution for incest, the admission of evidence of statements made in defendant’s absence by tbe woman with whom the crime was charged to have been committed, just after she had given birth to a child, that defendant was the father of the child, and of her confession, in defendant’s absence, after she had been arrested for the same crime with which defendant was charged, that she and defendant were guilty of such crime, was reversible error, though the court subsequently instructed the jury not to consider such evidence.</p> <p>2. On a prosecution for incest, evidence of the 'mutual conduct of the parties to the crime charged prior thereto is admissible, but not of their conduct thereafter.</p>