State v. Williams

Citations

• 26 Del. 102
• 3 Boyce 102
• 80 A. 1004
• 1911 Del. LEXIS 18

Syllabus

<p>1. Witnesses—Contradiction—Laying Ground for Contradiction.</p> <p>In a prosecution for rape, a question asked prosecutrix for purpose of contradiction, if she had said to P., two of three days after the occurrence, and after it had been published in the paper, when he asked her if she was the one whose name had been published as being out in the park, that she was out there and was glad somebody came along, was insufficient, as the circumstances as to time, place, and persons present were not sufficiently embodied to lay ground for contradiction.</p> <p>2. Criminal Law—Objections—Waiver.</p> <p>In a trial for rape, the failure of the state to object to a question to the prosecuting witness on cross examination, as a ground for contradiction, because the ground is not properly laid, does not preclude it from objection to the same question when the contradicting witness is called.</p> <p>3. Rape—What Constitutes.</p> <p>Rape is the carnal knowledge of a woman by force and against her will.</p> <p>4. Rape—Force—When Implied.</p> <p>Force, either actual or presumptive, is an essential element of rape, and the carnal knowledge must be consummated or effected by force and against the will of the prosecutrix, or by putting her in great fear and terror, and if had by milder means it cannot constitute the crime; but, where carnal knowledge is had against consent, the law implies force.</p> <p>5. Rape—Consent.</p> <p>Carnal knowledge, had with consent or silent submission of the female, does not constitute rape.</p> <p>6. Rape—“Carnal Knowledge.”</p> <p>“Carnal knowledge” is complete, upon proof of an actual penetration, without emission.</p> <p>7. Criminal Law—Weight of Evidence—In General.</p> <p>In a criminal case, where the evidence is conflicting, the jury should reconcile the conflict, if they can; but, if they cannot do so, they should accept that testimony which they th'hk, under all the facts and circumstances of the case, is most worthy of credit and belief.</p>