State v. Falsetta

Citations

• 43 Wash. 159
• 86 P. 168
• 1906 Wash. LEXIS 672

Syllabus

<p>Rape — Information—Sufficiency. An allegation in an information for rape alleging, that tbe defendant on a certain date “did carnally know one G-. a female child under tbe age of eighteen years,” alleges that she was then and there under such age, sufficiently to enable a person of common understanding to know what was intended.</p> <p>Same — Defenses—Subsequent Marriage of Parties. It is no defense to a prosecution for tbe crime of rape that tbe prosecuting witness subsequently married tbe defendant.</p> <p>Witnesses — Competency of Wife — Cross-Examination—Objections. The competency of an alleged wife to testify against her husband in a criminal prosecution must he challenged at the time she is sworn, and tried out as an independent issue, and cannot be brought out upon her cross-examination.</p> <p>Criminal Law — Appeal—Evidence—Harmless Error. In a prosecution for rape, it cannot be prejudicial error to exclude evidence to the effect that tbe prosecuting witness was tbe wife of tbe defendant at tbe time of tbe trial, where evidence upon the part of the defendant showed that she had not married him.</p> <p>Criminal Law — Trial—Reception of Evidence — Repetition. In a prosecution for rape it is not error to exclude on cross-examination the opinion of a witness as to the age of the prosecuting witness at a previous time, when he had already given his opinion as to her present age.</p> <p>Witnesses — Privileged Communications — Overheard by Third Party. The rule concerning privileged communications between attorney and client has no application to a conversation overheard by a third person and such party may testify as to what he heard.</p> <p>Rape — Age oe Consent — Fobce—Evidence—Admissibility. In a prosecution for the statutory offense of rape upon a female under the age of consent, evidence of acts of force is admissible as part of the res gestae, although not an element of the crime under the Statute.</p>