State v. Langston

Citations

• 106 Kan. 672
• 189 P. 153
• 1920 Kan. LEXIS 628

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statutory Rape — Evidence—Complaints of Person Assaulted. There are two exceptions to the rule that evidence of the making of a complaint hy a person upon whom a rape has been committed or attempted may be received, but that the particulars of the assault are not admissible; one, that the statements are so closely connected with the time and place of the crime as to be a part of the res gestee, and the other, where the person assaulted is a child of tender years. In the present case the child assaulted, who was eleven years of age, made complaint to her mother shortly after the occurrence, and her statements as related by her mother included little more than that a sexual assault had been made upon her. Held, that, in view of the age of the child, the evidence of her statements so made were admissible.</p> <p>2. Same. The fact that some of her statements were elicited by questions ■ did not render the evidence inadmissible.</p> <p>3. SAME — Evidence—Attempt to Commit Rape — Instructions. In a prosecution for rape where some of the testimony tends to show that the criminal act was no more than an unsuccessful attempt to commit rape, it is the duty of the court to instruct the jury as to the law of an attempt to commit the offense.</p>