State v. Van Sickle

Citations

• 97 Kan. 362
• 154 P. 1015
• 1916 Kan. LEXIS 298

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Rape — Instruction Refused — Not Error. In a prosecution for rape, before it becomes necessary for the court to instruct the jury that if the woman charged to have been ravished is the wife of the defendant he can not be convicted, there must be evidence tending to prove that the parties were husband and wife.</p> <p>2. Same — Evidence—Prima Facie Case. In a prosecution for rape, to make out a prima facie case, it is not necessary for the state to prove that the accused and the woman were not husband and wife.</p>