State v. Pryor

Citations

• 67 Wash. 216
• 121 P. 56
• 1912 Wash. LEXIS 1150

Syllabus

<p>Criminal Law — Trial — Misconduct of Counsel — Fair Trial. Upon a prosecution for abortion, the defendant is deprived of his right to a fair trial, where evidence was received that he had repeatedly ravished the prosecuting witness and compelled her to commit sodomy with him, and his motion to strike the same was granted only upon exacting an admission that the prosecuting witness was pregnant by him.</p> <p>Abortion — Evidence of Other Crimes — Sodomy—Admissibility. In a prosecution for abortion, evidence of the commission of sodomy with the prosecuting witness is inadmissible.</p> <p>Criminal Law — Misconduct of Counsel. Where, in a prosecution for abortion, improper evidence of acts of sodomy with the prosecuting witness has been stricken, it is highly improper for the state to cross-examine the defendant concerning the acts of sodomy, and it cannot be said that the prejudicial effect thereof and of the evidence is cured by sustaining objections thereto and instructing the jury to disregard the evidence.</p>