State v. Mehojovich

Citations

• 118 La. 1013
• 43 So. 660
• 1907 La. LEXIS 840

Syllabus

<p>1. Criminal Law — Appeal—Record—Transcript — Setting out Evidence.</p> <p>Subject to his right to maintain good order in his court, the judge cannot dictate what shall be included in, or omitted from, the plead-, ings of the defendant. If the defendant embodies in his motion for new trial a synopsis of the evidence, the judge cannot require that such synopsis be omitted from the transcript of appeal.</p> <p>2. Rape — Elements op Oppense — Age op Consent.</p> <p>Under the jurisprudence of the state of Louisiana, the carnal knowledge of a female child under the age of 12 years constitutes the crime of rape. Act No. 115, p. 165, of 1896, fixes the age of consent at l2 years.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 42, Rape, § 12.]</p> <p>3. Criminal Law — Instructions—Privilege op Witness.</p> <p>A requested charge that the privilege of the accused as a witness does not extend “to such physical circumstances as may exist on defendant’s body or about his person” is a statement of a rule of evidence, which does not concern the jury.</p> <p>4. Same — Appeal — Harmless Error — Evidence.</p> <p>Where the prosecution has made no attempt to compel the accused to submit to a second physical examination, the right to do so is a mere abstract question, and the failure of the prosecution to make the proof of the existence of the particular disease more certain worked no prejudice to the defendant.</p> <p>5. Same — Instructions—Undue Prominence op Particular Matters.</p> <p>The judge cannot be required to pick out particular circumstances for the consideration of the jury, thus giving them undue prominence and importance.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 14, Criminal Law, §§ 1969-1973.]</p> <p>6. Rape — Evidence.</p> <p>As in the carnal abuse of female children the want of consent is not an element of the offense, and consent is no defense, the particular rules of evidence, with one exception, applicable to the rape of women, have