State v. Whitener

Citations

• 25 N.M. 20
• 175 P. 870

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Under facts stated, there was no abuse of discretion in denying motion for a continuance. P. 21</p> <p>2. Evidence ¡tending to show more than one act of criminal intercourse between the accused, and the prosecutrix is admissible to show the relation and familiarity of the parties and as corroborative of the prosecutrix’s testimony concerning -the particular act relied upon for a conviction. ' P. 21</p> <p>3. As no corroboration of prosecutrix is necessary to uphold conviction for rape (State v. Ellison, 19 N. M. 428, 144 Pac. 10), a requested, instruction on the subject of corroboration, contrary to the rule, is properly refused. P. 23</p> <p>4. Where no exception was saved to a given instruction, it cannot be considered on appeal. P. 23</p> <p>5. Whether prosecutrix was under age of consent, or not, is a question for the jury. P. 23</p> <p>6. Where verdict is supported by substantial evidence, same will not be disturbed on appeal. P. 23</p> <p>7. Where defendant, believing that prosecutrix had told of his relations with her, put himself under - protection of third person and admitted to such person that he had slept with prosecutrix, the confession was purely voluntary and admissible. P. 22</p>