State v. Clarke

OPINION

By the Court,

Ducker, C. J.:

The defendant was convicted of, the statutory crime of having carnal knowledge of a female child under 18 years of age. He appealed from the judgment and order denying his motion for a new trial.

Objection is taken to the statement of a witness for the prosecution, Mrs. Oliver, who was asked the following question with reference to the prosecutrix:

“Did she make a statement the following morning .to you as to where she had been?”

The witness answered:

“Yes, she told me she had been out.”

This declaration of the prosecutrix, standing alone, was immaterial, but…