State v. Winnett

Citations

• 48 Wash. 93
• 92 P. 904
• 1907 Wash. LEXIS 863

Syllabus

<p>Rape — Evidence — Intent — Statements of Defendant. In a prosecution for rape, a statement by defendant antedating tbe commission of the crime is admissible, where it showed his state of mind and intention to commit the crime.</p> <p>Same — Witnesses—Privilege—Physicians. In a prosecution for statutory rape upon one under the age of consent, evidence as to pregnancy, by a physician who had made an examination, is admissible, where the relation of physician and patient did not exist, and no confidence was violated.</p> <p>Same — Testimony of Wife. In a prosecution for statutory rape upon one under the age of consent, who had since married the defendant, it is error to require the wife to appear in court for the purpose of being identified by a witness, when her condition as to pregnancy was apparent and could be observed by the jury, thereby in reality compelling the wife to become a witness against the defendant.</p> <p>Same — Criminal Law — Trial-—Improper Conduct of Counsel. In such a case, it is improper to call the wife to testify for the purpose of parading her condition before the jury and compelling the defendant to urge an objection which would tend to prejudice his case; and the same would be ground for reversal where it tended to prejudice the rights of the defendant.</p>