State v. Blythe
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County, Hon. A. G. Norrell, Judge. Appellant was charged by the information with and on the trial was convicted of the crime of rape. From a judgment of imprisonment entered on the verdict, defendant appealed.
1Opinion of the CourtBartch, C. J.
The record shows that the appellant was charged, by information, with the crime of rape, committed upon a little girl about six years old, and at the trial was convicted of an assault with an intent to commit rape. Judgment of imprisonment in the’ State prison for a period of seven years, having been rendered, this appeal was prosecuted.
The first contention on behalf of the prisoner is that the court erred in permitting the child to be sworn and testify against him. The objection is based on section 3413, R. S., which, so far as material here, provides that “children under ten years of age,…
2Cases cited10 opinions
- People v. BaldwinCalifornia Supreme Court · 1897
- People v. CraigCalifornia Supreme Court · 1896
- People v. MillerMichigan Supreme Court · 1893
- State v. McLaughlinSupreme Court of Iowa · 1876
- In re LloydSupreme Court of Kansas · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. GarneyIdaho Supreme Court · 1928
- State v. SmailesIdaho Supreme Court · 1931
- State v. SmithUtah Supreme Court · 1936
- State v. MeyerSupreme Court of Iowa · 1907
- State v. MacMillanUtah Supreme Court · 1915
8 more not listed; retrieve them via the Exa API.