People v. Corder

The conviction should be set aside and a new trial ordered.

The court was in error in permitting Dr. Hubbard to testify to the statement made to him by the little girl, when brought to his office by her mother, several days after the alleged offense. Such repetition of the accusation, previously made to the mother, was improper and should not have been permitted to serve as corroborative of the statements made by the girl in court. That such purpose was permitted appears from the following instruction to the jury:

"The testimony that Dr. Hubbard gave here likewise is merely corroborative. The…