Lucia v. State
Supreme Court of Vermont
Petition for a new trial, brought under V. S. 1662, to the Supreme Court for Chittenden County at its January Term, 1905, and then heard on testimony taken and filed. The opinion states the facts. It is a presumption of law that the testimony of the prosecutrix given on the trial is true, and that her subsequent contradictory statements made out of court are false. People v. McGuire, 2 Hun. 269; Holtz v. Schmitz, 44 N. Y. Supp.
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Petition for a new trial, brought under V. S. 1662, to the Supreme Court for Chittenden County at its January Term, 1905, and then heard on testimony taken and filed. The opinion states the facts. It is a presumption of law that the testimony of the prosecutrix given on the trial is true, and that her subsequent contradictory statements made out of court are false. People v. McGuire, 2 Hun. 269; Holtz v. Schmitz, 44 N. Y. Supp. Ct, 327; Rasseter v. Simpson, 78 Ga. 61; Rake v. Hardee, 55 Ga. 667; Simms v. Simms, 12 Hun. 231; 14 Ency. PI. & Pr. 811.
1Opinion of the CourtHasELTon, J.
At the March Term, 1903, of the Chittenden County Court the petitioner was tried upon a charge of rape upon Catherine Myers, a girl of about the age of fourteen years. The said Catherine testified on trial that on the occasion to which the charge related the petitioner had actual sexual intercourse with her forcibly and against her will. The State introduced evidence of a circumstantial nature tending to corroborate the testimony of the said Catherine. The respondent introduced evidence tending to discredit her testimony. The jury found the respondent guilty, not of rape, but of an assault…
2Cited by4 opinions
- State v. DodgeSupreme Judicial Court of Maine · 1925
- State v. CasaleSupreme Judicial Court of Maine · 1954
- Wallace v. CommonwealthCourt of Appeals of Kentucky · 1915
- Gaines v. BaldwinSupreme Court of Vermont · 1918