State v. Hunter

Citations

• 18 Wash. 670
• 52 P. 247
• 1898 Wash. LEXIS 607

Syllabus

<p>RAPE — EVIDENCE—DEPOSITIONS — VIEW OF PREMISES—INTENT TO COMMIT RAPE — CONSENT—INSTRUCTIONS—NEW TRIAL — MISCONDUCT OF JURY—SURPRISE — NEWLY-DISCOVERED EVIDENCE.</p> <p>In a prosecution for assault with intent to commit rape upon a female child under the age of twelve years, the mother of the prosecutrix may properly testify to the condition of the child’s clothing, and as to what she found upon it, shortly after the alleged assault.</p> <p>In such a case, the testimony of the mother as to complaints made by the prosecutrix to her immediately or within an hour after the commission of the alleged injury is admissible, though such evidence should be restricted to the mere fact of complaint, without admitting any of the particulars of the complaint in evidence.</p> <p>The admission in evidence of a plan of the scene of an alleged crime, which does not purport to accurately describe the premises, is not error when it is received only for the purpose of enabling a witness to illustrate his testimony, and the court by a special instruction limits the jury’s consideration of it to that purpose alone.</p> <p>The admission in evidence, over objection, of.the testimony of a witness whose name is incorrectly indorsed on the information is not error, when no application is made by the defendant for continuance on the ground that the name of the witness does not appear upon the information.</p> <p>The refusal of the court to direct a view of the premises by the jury is not error, when there is no showing of an abuse of the discretion given the trial judge in such matters by the provisions of Code Proc., § 1312 (Bal. Code, § 6948).</p> <p>The' testimony of witnesses that they had heard a person, .who at the time of trial was absent from the state, say that he had made certain footprints found near the scene of an assault, and which the state were attempting to prove were made by the accused, is inadmissible as hearsay.</p> <p>The consent of the female does not constitute a defe