State v. Fetterly

Citations

• 33 Wash. 599
• 74 P. 810
• 1903 Wash. LEXIS 559

Syllabus

<p>Rape—Prosecutrix Under Age of Consent—Evidence of Other Offenses. In a prosecution for rape where the prosecutrix is under the age of consent, testimony of carnal intercourse between the parties at times other than the one charged is admissible.</p> <p>Same—Information—Force. Such rule is not changed by the charge of force in the information, as that is surplusage and does not change the nature of the proof required where the prosecutrix is under the age of consent.</p> <p>Same—Age of Consent—Alleging Age—Sufficiency. Charging the offense of rape upon a prosecutrix “of the age of sixteen years” sufficiently alleges that she was under the age of consent, eighteen years, as against objection first made after verdict.</p> <p>Venue—Sufficiency of Evidence—Judicial Notice of Location of City. Proof that the offense of rape was committed in a house at a certain street and number in the city of Seattle is sufficient proof of the venue, as the courts take judicial notice that Seattle is in King county, Washington.</p> <p>Rape—Proof of Miscarriage—Competency—Corroboration. In prosecution for rape of one under the age of consent, proof that the prosecutrix suffered a miscarriage within the period of gestation is competent to show that the crime had been committed, and as corroborative of the evidence of the prosecutrix that the defendant was the guilty party.</p> <p>Same—Corroboration. The jury may convict for rape upon the uncorroborated testimony of the prosecutrix, when she testifies directly and positively to all the essential elements of the offense.</p> <p>Evidence—Impeaching—Stenographer’s Testimony as to Statements at Former Trial—Weight. Where witnesses have denied making certain statements at a former trial, testimony of the stenographer that they made the statements ascribed to them is competent in rebuttal, and its weight is for the jury.</p>