State v. Roller

Citations

• 30 Wash. 692
• 71 P. 718
• 1903 Wash. LEXIS 366

Syllabus

<p>RAPE-SUFFICIENCY OF EVIDFNCE-CORROBORATION.</p> <p>In a prosecution for rape committed by a father upon his daughter, the evidence was sufficient to sustain a conviction, although the only evidence of the commission of the act was that of the daughter, which was contradicted by that of the father, where the daughter’s testimony was corroborated by the fact of her father’s flight when charged with his improper relations, and by a letter fr.om him to his son, after arrest, endeavoring to get the latter to have the daughter not testify against him, so that he might get out of the scrape.</p> <p>SAME-EXTRADITION-EVIDENCE-HARMLESS ERROR.</p> <p>Permitting the officer who received the custody of an extradited prisoner to testify for what crime he was extradited was harmless error, where all the proceedings in extradition, except the warrant therefor issued by the president of the United States, had been put in evidence, since, in the absence of a contrary showing, it would be presumed that the proceedings were regular, and that the warrant of extradition was in accordance with the other proceedings which were shown of record.</p> <p>SAME — ELEMENTS OF CRIME WHEN CHILD UNDER AGE OF CONSENT.</p> <p>Under Bal. Code, § 7062, which defines carnal intercourse with any female child under the age of eighteen years as rape, the act is a crime whether or not force is used, and the fact that the prosecuting witness testified in the trial that the defendant used force, while the information charged that defendant did “feloniously carnally know and abuse” the prosecutrix, would not support the objection that the defendant was extradited for one crime and tried for another.</p> <p>SAME-TRIAL UPON DIFFERENT CRIME-ABATEMENT.</p> <p>Where the crime for which defendant is placed on trial is not the one for which he was extradited, objection should be raised by plea in abatement, presenting a question of law for the court upon the record.</p> <p>WITNESSES-CROSS-EXAMINATION.</p> <p>Where