State v. Marselle

Citations

• 43 Wash. 273
• 86 P. 586
• 1906 Wash. LEXIS 690

Syllabus

<p>Criminal Law — Evidence—Other Crimes. Upon a prosecution for rape, evidence as to improper relations or arrangements for illicit intercourse with a girl other than the one charged, is inadmissible and prejudicial error.</p> <p>Same — Confessions—Corroboration by Corpus Delicti. In a prosecution for the statutory crime of rape upon a female under the age of consent, in which the prosecutrix denies the commission of the offense, and the corpus delicti is not otherwise established, the admission of evidence of confessions by the accused is prejudicial error; since confessions uncorroborated by the corpus delicti will not sustain a conviction.</p> <p>Rape — Evidence—Sufficiency. Upon a charge of rape it is a question for the jury whether the lesser crime of assault with intent, etc., was committed, where there was some evidence of holding and pushing the prosecutrix, accompanied by remarks about improper relations, resisted by her.</p> <p>Indictment — Statutory Rape — Conviction of Lesser Offense— Attempts. Under Bal. Code, § 6955, the lesser offense of assault with intent to commit rape is included in the statutory offense of' rape without force upon a female under the age of consent, and conviction of the former may be had upon a charge of the latter offense.</p>