State v. Priest

Citations

• 32 Wash. 74
• 72 P. 1024
• 1903 Wash. LEXIS 378

Syllabus

<p>RAPE ■ — • INFORMATION CRIME CHARGED — DUPLICITY,</p> <p>An information charging that defendant committed the crime of rape by feloniously making an assault upon a female child of the age of fourteen years, and that he did then and there feloniously ravish, carnally know and abuse her does not charge more than one crime, but sufficiently charges the crime under that subdivision of Bal. Code, § 7062, which provides that a person shall be guilty of rape who shall carnally know any female child under the age of eighteen years.</p> <p>CRIMINAL LAW-ARGUMENT OF COUNSEL-DISPUTE 'OVER EVIDENCE-MISTAKE OF COURT • — ■ REFUSAL TO CORRECT.</p> <p>Where counsel for the state and for the defense dispute one another’s statements in their argument to the jury as to whether a certain material and relevant fact was in evidence, and the court waves the dispute aside with the remark that there is no such testimony in the case, and refuses to instruct the jury otherwise when the court is shown by the stenographer’s notes to be mistaken, the action of the court constitutes reversible error.</p>