State v. Hess

Citations

• 86 Wash. 240
• 150 P. 6
• 1915 Wash. LEXIS 993

Syllabus

<p>Criminal Law — Appeal—Review—Harmless Error. Error in receiving the statement of a witness that accused first denied his guilt, hut afterwards admitted it, is cured where the witness immediately stated the exact language of the accused.</p> <p>Rape — Evidence—Corroborating Evidence — Stjeetciency. In a prosecution for statutory rape, evidence that accused admitted that he was guilty, after having been accused of the offense by the prosecutrix in the presence of others, is sufficient as corroborating evidence, within the requirement of Rem. & Bal. Code, § 2443.</p> <p>Rape — Instructions—Corroborating Evidence. In a prosecution for statutory rape, under Rem. & Bal. Code, § 2443, requiring corroboration of the testimony of the female, it is not error to instruct that the slightest corroboration may be sufficient if it tends to connect defendant with the commission of the offense.</p> <p>Same. In a prosecution for statutory rape, under Rem. & Bal. Code, § 2443, requiring corroboration of the testimony of the female, it is not error to give an instruction allowing the jury to consider all the evidence, including that of the female, as well as the corroborating testimony, if there is any; since it is only by comparison that its corroborative effect can be determined.</p> <p>Rape — Evidence — Photographs — Admissibility. In a prosecution for statutory rape, in which it appeared that the accused had repeatedly taken the prosecutrix with him on automobile trips, and taken photographs of her and himself in secluded places, the photographs are admissible as evidence of opportunity to commit the offense.</p>