State v. Mobley

Citations

• 44 Wash. 549
• 87 P. 815
• 1906 Wash. LEXIS 874

Syllabus

<p>Rape — Evidence of Other Acts. In. a prosecution for rape, evidence of other acts between the parties is admissible.</p> <p>Rape — Conduct of Prosecutrix — Evidence—Admissibility. In a prosecution for rape where the prosecutrix is uncorroborated except by her evident condition of pregnancy, it is prejudicial error to exclude evidence offered by the defendant tending to show that, at the time of the alleged acts and while she was a member of his household, the prosecutrix was habitually away at night from twelve to four o’clock, as tending to account for her condition and reflecting upon her credibility.</p> <p>Rape — Corroboration—Instructions. In a prosecution for rape it is proper to refuse an instruction cautioning the jury against convicting upon the uncorroborated evidence of the prosecutrix.</p> <p>Rape — Sentence—Excessive Punishment. Semble, that a life sentence upon a defendant thirty-two years of age for rape upon a female fifteen years of age, she appearing to have consented, is excessive punishment.</p>