State v. Lawrence

Citations

• 74 Ohio St. (N.S.) 38

Syllabus

<p>Amendment or repeal of statutes not to affect pending suits— Section 79, Revised Statutes — Rape—Section 6816, Revised 'Statutes — Admission 6y the accused of acts more than two years after alleged offense — Not competent evidence, when —Law of consent — Criminal law.</p> <p>1. By force of the provisions of section 79, Revised Statutes, the repeal or amendment of a criminal statute in no manner affects pending prosecutions, or causes of prosecution existing at the time of such amendment or repeal, unless it be otherwise expressly provided in the amending or repealing act. (The first clause of the syllabus of In re Kline, 70 Ohio St., 25, qualified.)</p> <p>2. On the trial of one indicted under section 6816, Revised Statutes, for carnally knowing and abusing a female person under sixteen years of age with her consent, confessions or admissions of the accused of acts of sexual intercourse with the prosecutrix more than two years after the time of the alleged commission of the offense for which he is being tried, and after prosecutrix had attained the age of sixteen years, are not competent to he given in evidence against him as tending to prove the crime charged in the indictment.</p>