State v. Meyerkamp

Citations

• 82 Wash. 607
• 144 P. 942
• 1914 Wash. LEXIS 1574

Syllabus

<p>Rape — What Constitutes — '“Resistance.” Under Rem. & Bal. Code, § 2435, which, in defining rape, states disjunctively that the offense may be committed (1) when without consent and against will, (2) when resistance is forcibly overcome, and (3) when resistance is prevented by threats and fear of immediate and great bodily harm, the “resistance” spoken of is not one of the essential elements of the crime, but is evidence of want of consent, which is one of the essential elements.</p> <p>Indictment and Information — Alternatives. Under Rem. & Bal. Code, § 2435, providing that rape may be committed in one of several ways, it is proper to charge the commission of the offense in one or all of the ways, where they are not inconsistent or repugnant, although they are stated disjunctively in the statute.</p> <p>Rape — Information—Repugnancy. Upon a charge that rape was committed without consent, and that resistance thereto was forcibly overcome and was prevented by fear of immediate and great bodily harm, the charges are not inconsistent or repugnant.</p> <p>Witnesses — Cross-Examination—Scope. Where part of a conversation is brought out on cross-examination, on redirect the opposite party has the right to the whole thereof.</p> <p>Trial — Reception of Evidence! — Motion to Strike. A motion to strike an answer to a question relates only to the last answer preceding the motion.</p> <p>Appeal — Review—Harmless Error — Objections. Error cannot be predicated on a motion to strike an answer to a question when no reason was given therefor.</p> <p>Witnesses — Cross-Examination—Scope. The latitude to be allowed on cross-examination of an accused person, will not be disturbed except for abuse of discretion, and none appears where the facts drawn out went to his credibility and the weight to be given his evidence.</p> <p>Trial — Misconduct of Counsel — Request for Instruction. A reversal for misconduct of counsel in argument to the jury cannot be urged, where the bounds of legiti