State v. Richardson
Montana Supreme Court
Appeals from District Court, Flathead County; C. W. Pomeroy, Judge. Joseph W. Richardson was convicted of rape, and he appeals from the judgment of conviction and from an order refusing a new trial.
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Appeals from District Court, Flathead County; C. W. Pomeroy, Judge. Joseph W. Richardson was convicted of rape, and he appeals from the judgment of conviction and from an order refusing a new trial. The whole case of the prosecution rests upon the uncorroborated statement of the prosecutrix as to the acts of intercourse with defendant, and we fail to see why the defense could not be permitted to show by her statements that she had intercourse with other men to rebut the testimony of the physician and the presumption created thereby. The general rule of law is that other acts of intercourse…
1Opinion of the Court
MR. COMMISSIONER COMER
prepared the opinion for the court.
The information in this case charges the defendant and appellant with rape of one Mary Richardson, a girl of the age of fourteen years at the time of the commission of the offense, *326June 25, 1920. The ease came on for trial in the district court on the seventh day of December, 1920; the jury returned a verdict of guilty; and from the judgment of conviction and the refusal of the district court to grant a new trial, the defendant appeals.
The assignment of error is: That the court erred in overruling defendant’s motion for a new trial for…
2Cases cited22 opinions
- People v. JohnsonCalifornia Supreme Court · 1895
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- State v. McCarthyMontana Supreme Court · 1907
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