State v. Myrberg

Citations

• 56 Wash. 384
• 105 P. 622
• 1909 Wash. LEXIS 908

Syllabus

<p>Indictment and Information — Sufficiency—Time of Offense. An information charging the offense of rape on “a certain day within three years next preceding” the filing of the information, is sufficiently definite as to time, under Bal. Code, § 6845, providing that the precise time need not be stated except where time is a material ingredient in the crime, and that it may be alleged to have been committed at any time within the limitation for prosecution.</p> <p>Same — Name of Prosecutrix — Variance. It is not a fatal variance to allege a rape upon a child named Frieda, and to prove the name Valfreda, as given in Holland, where, after coming to this country, the child was generally known as Frieda.</p> <p>Rape — Complaints by Prosecutrix — Evidence — Admissibility. In a prosecution for rape of. a child nine years of age, in the last of February or first of March, complaints made by the child “about the first or middle of March” are seasonably made, and therefore admissible in evidence.</p> <p>Witnesses — Capacity of Child — Discretion—Appeal—Review. Whether a child nine years of age has sufficient capacity to understand the nature of an oath and is competent to testify is a matter within the trial court’s discretion, not to be disturbed on appeal except for abuse of discretion.</p>