People v. Parton
California Supreme Court
The defendant was charged in the indictment with the crime of rape, alleged to have been committed in Humboldt County, upon the person of Lucy Elnor Kirby, a girl of the age of eleven years, on the 10th day of June, 1874. The defendant was the husband of a sister of the girl, and the latter lived in his family. One Baker had married another sister of the girl, and lived near the defendant.
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The defendant was charged in the indictment with the crime of rape, alleged to have been committed in Humboldt County, upon the person of Lucy Elnor Kirby, a girl of the age of eleven years, on the 10th day of June, 1874. The defendant was the husband of a sister of the girl, and the latter lived in his family. One Baker had married another sister of the girl, and lived near the defendant. The prosecution first called said Lucy, who testified that about mid-day, her sister, the defendant’s wife, went to Mrs. Baker’s on an errand, and left her in charge of the baby, which was lying on the bed,…
1Opinion of the Court
By the Court, McKinstry, J.:
We cannot say that the evidence is insufficient to sustain the verdict.
The Court below denied the request of defendant’s counsel further to cross-examine the prosecutrix—“on the grounds that the people had rested their case,” and further ruled, that “if the defendant recalled the prosecutrix, he must do so as his own witness.” These were hardly sufficient reasons for denying defendant’s request; if he had chosen to make his own witness of the prosecutrix—who had already sworn to his commission of a rape—he could have done so without first asking permission of the…
2Cases cited1 opinion
- People v. StrongCalifornia Supreme Court · 1866
3Cited by30 opinions
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