Hamilton v. State

1. Two warrants were sworn out by the father of the female upon whom a rape was alleged to have been committed; the first was for a misdemeanor and the last for the crime of rape. The magistrate ■who issued the warrants was allowed to testify that the father made certain statements when the warrants were issued, as explaining his course of conduct. The statements were inadmissible; but in view of the evidence and the defendant’s statement, we do not think the hearsay testimony prejudiced the defendant or required the grant of a new trial.

2. An instruction that “in a prosecution for this…