State v. Kincaid

Citations

• 69 Wash. 273
• 124 P. 684
• 1912 Wash. LEXIS 890

Syllabus

<p>Criminal Law—Venue—Evidence—Judicial Notice. Tbe venue of an offense is sufficiently established in Whatcom county, where laid, by proof that it was committed in the city of Bellingham, as the courts will take judicial notice that Bellingham is in What-com county.</p> <p>Rape—Evidence—Sufficiency. Under Rem. & Bal. Code, §2437, providing that sexual penetration, however slight, is sufficient to complete sexual intercourse, evidence of repeated attempts by the accused and pain suffered by a child of twelve, is sufficient to make a case for the jury upon the question of consummation of a statutory rape.</p> <p>New Trial—Newly Discovered Evidence—Impeaching Evidence. A new trial for newly discovered evidence is properly refused where the new evidence is merely impeaching and could or should have had hut small prohative value, and should not have changed the result.</p>