State v. Oswalt

Citations

• 72 Kan. 84
• 82 P. 586
• 1905 Kan. LEXIS 313

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Rape — Evidence of Subsequent Offense — Reversal. Assuming that in a prosecution for statutory Tape it is not competent for the state to show specific acts of sexual intercourse between the defendant and the complaining witness that took place after the act upon which reliance is had for a conviction, a judgment will not be reversed merely because testimony of that character is incidentally brought out during an examination upon another matter, especially where it does not clearly appear that the objectionable evidence relates to a subsequent and not to a prior transaction.</p> <p>2. -Failure to Make Complaint — Instructions. In a prosecution for statutory rape, where the use of force by the defendant is not charged, it is not material error for the court to refuse to give a special instruction that in weighing the , evidence of the complaining witness, a girl seventeen years of age, the jury may consider the circumstance that she made no complaint immediately after the time the offense is alleged to have been committed.</p>