State v. Mulch

Citations

• 17 S.D. 321
• 96 N.W. 101
• 1903 S.D. LEXIS 47

Syllabus

<p>1. In a prosecution for rape it was error to refuse to permit a female witness for the state, and in whose presence it was claimed the offense was committed, to be asked on cross examination whether or not she had not been promised by the state’s attorney fees of $1 a day while she was in jail for the purpose of testifying in the cause, for the purpose of effecting her credibility.</p> <p>2. Where, in a prosecution for rape, the state claimed that defendant had given prosecutrix money in consideration o'f her consent to sexual intercourse, the defendant, though admitting the giving of money, claimed it was given to prosecutrix and her companion at their solicitation and representation that they had been robbed, which representations they denied, evidence of a third person concerning a conversation with prosecutrix and her companion in defendant’s presence at the time the money was paid, tending to show that they stated they had been robbed, was admissible as res gestse.</p>