Legal Opinion
State v. Casper
New York Court of General Session of the Peace
Decided November 16, 1926No. 40PublishedCited by 6 opinions
1Opinion of the CourtHarrington, J.
If the charge were for rape or for assault with intent to commit rape it would be material for the defense to show that no complaint was made by the prosecuting witness shortly after the commission of the alleged act. Chamberlayne on Evidence, vol. 4, § 3037; Wigmore on Ev., vol. 2, § 1135; State v. Daugherty, 63 Kan. 473, 65 P. 695.
This is true because a failure to complain would affect the credit of the witness. State v. Wolf, 118 Iowa 564, 92 N. W. 673; Wigmore on Ev., § 1135; Chamberlayne on Ev., vol. 4, § 3037.
For the same reason, such evidence would, also, be material on charges of that…
2Cases cited7 opinions
- State v. GriffinWashington Supreme Court · 1906
- State v. DaughertySupreme Court of Kansas · 1901
- State v. GrantNew York Court of General Session of the Peace · 1926
- State v. BrewerNew York Court of General Session of the Peace · 1921
- Bove v. StateSupreme Court of Delaware · 1926
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. GrantNew York Court of General Session of the Peace · 1926
- Bove v. StateSupreme Court of Delaware · 1926
- Burton v. Natural Gas & Petroleum Corp.Superior Court of Delaware · 1927
- In re the Estate of MorrowOrphan's Court of Delaware · 1966
- In re MilesSuperior Court of Delaware · 1845
1 more not listed; retrieve them via the Exa API.