State v. Johnson
Supreme Court of Vermont
Indictment, in three counts, for rape and incest. Elea, not guilty; trial by jury, May Term, 1855, — Underwood, J., presiding. The state’s attorney called, as a witness, Sarah E. Johnson, named in the indictment, and alleged to be the daughter of the respondent, whose testimony tended to prove the allegations in the indictment, and that the respondent had had sexual connection with her at three several times, and that she had been delivered of a child in consequence thereof.
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Indictment, in three counts, for rape and incest. Elea, not guilty; trial by jury, May Term, 1855, — Underwood, J., presiding. The state’s attorney called, as a witness, Sarah E. Johnson, named in the indictment, and alleged to be the daughter of the respondent, whose testimony tended to prove the allegations in the indictment, and that the respondent had had sexual connection with her at three several times, and that she had been delivered of a child in consequence thereof. Upon cross-examination, the counsel for the respondent proposed to inquire of the witness whether she had had sexual…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
In prosecutions for offences mentioned in this indictment, the prosecutrix is, from necessity, a competent witness for the state. The credibility of her testimony, however, and her general character for truth, as well as for chastity, are matters involved in the trial of the case, and are exclusively to be determined by the jñry. 2 Arch. C. P. 307. On the counts in which the respondent is charged with the crime of rape, we think the inquiry proposed to the prosecutrix, on her cross-examination, whether she had not had sexual intercourse with…
2Cases cited1 opinion
- People v. AbbotNew York Supreme Court · 1838
3Cited by15 opinions
- State v. PatnaudeSupreme Court of Vermont · 1981
- State v. OgdenOregon Supreme Court · 1901
- State v. PattersonSupreme Court of Missouri · 1885
- Commonwealth v. McDonaldMassachusetts Supreme Judicial Court · 1872
- Stowers v. HollisCourt of Appeals of Kentucky · 1886
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