State v. Hoskinson

Citations

• 78 Kan. 183
• 96 P. 138
• 1908 Kan. LEXIS 29

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statutory Rape — Information. An information charging that the defendant did unlawfully and feloniously commit rape upon a female person under the age of sixteen years by carnally knowing her, giving her name and age, is sufficient, although the word “unlawfully” does not appear in immediate connection with the word “carnally” as it appears in the statute.</p> <p>2. - Evidence — Complaints of Injured Person. The rule admitting in evidence in trials for rape the complaints of the injured person concerning- the alleged offense upon her is ordinarily limited tt> the fact that such complaints were made, the details being excluded. . Such testimony is admitted upon the theory that, if she made no complaint of such an outrage, her silence might be construed as evidence that it had not occurred.</p> <p>3. -- Same. In the cáse of an adult person who had consented to the act such cortipláint would not be expected, and, the reason failing; the rule also fails; but where the p'erson is a child of tender age testimony that she made such complaints. to persons in whbm she would naturally confide may properly be admitted, in the discretion of the court, having regard to the age and intelligence of the child, the time and circumstances under which they were made, and the reasons Upon which the rule rests.</p> <p>4. -Evidence — Detailed Statement by Prosecutrix to Officer's. The statement of the child, made several days afterward, giving details of the alleged offense in response to inquiries made by an officer for the purpose of formulating a complaint for the defendant’s arrest, which are not the spontaneous or natural expressions of injured sensibilities, should not be admitted;</p>