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>
Judges: Mechem, Parker, Roberts
Read full opinion on CourtListenerCited by
10 cases in this archive cite this case.
- State v. MinnsNew Mexico Court of Appeals· 1969-04-04· cited 59×
- State v. MasonNew Mexico Court of Appeals· 1968-08-30· cited 36×
- State v. CarpioNew Mexico Supreme Court· 1921-07-20· cited 20×
- State v. VelardeNew Mexico Supreme Court· 1960-07-28· cited 18×
- State v. FaganNew Mexico Court of Appeals· 1967-12-08· cited 11×
- State v. DodsonNew Mexico Supreme Court· 1960-06-07· cited 10×
- State v. MarquezNew Mexico Supreme Court· 2023-10-12· cited 8×
- State v. SmithNew Mexico Supreme Court· 1925-03-10· cited 2×
- State v. DuarteNew Mexico Supreme Court· 1923-02-06· cited 1×
- State v. WootenNew Mexico Supreme Court· 1923-03-07· cited 1×
Cites
4 cases in this archive are cited by this case.
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