State v. Haines

Citations

• 51 La. Ann. 731
• 44 L.R.A. 837
• 25 So. 372
• 1899 La. LEXIS 460

Syllabus

<p>Syllabus.</p> <p>1. The husband of a woman can not himself bo guilty of an actual rapoupon his wife, on account of the matrimonial consent which' she has given, and which she can not retract.</p> <p>2. To hold a husband ■ charged with rape upon a woman who is his wife, or to convict him, it must appear that the carnal knowledge of the woman constituting the rape was accomplished through a man other than the husband, and that the husband procured it to be done, or assisted the other in the execution of their common purpose.</p> <p>3. But where the “other man” in the case, demanding a severance, is tried' first and acquitted, the prosecution against the husband falls, since he can not be guilty of raping his own wife.</p> <p>4. The “face of the record” in matters pertaining to motions in arrest of judgment does not mean the face of the indictment. It embraces the record of the ease as made up to that point.</p> <p>5. To have a mere note entered on the record, “bill of exceptions reserved,” is, in a criminal case, no bill whatever. And it is not good practice, and not warranted by law, for the clerk only to sign papers drawn as bills of exception. Act No. 113 of 1896 does not authorize it. Bills of exception in-criminal trials should be signed by the trial judge.</p>