State v. Forshner
Supreme Court of New Hampshire
Indictment against Thomas D. Eorshner for rape, alleged to be committed September 2, 1860. The prisoner offered evidence in regard to the character of the prosecutrix for chastity. The court ruled that the witnesses must confine themselves to what they knew of her character prior to September 2, 1860, and not speak of any knowledge of her character since acquired, to which the respondent excepted.
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Indictment against Thomas D. Eorshner for rape, alleged to be committed September 2, 1860. The prisoner offered evidence in regard to the character of the prosecutrix for chastity. The court ruled that the witnesses must confine themselves to what they knew of her character prior to September 2, 1860, and not speak of any knowledge of her character since acquired, to which the respondent excepted. It appeared after the verdict was rendered, and before judgment, that one of the jurors was an ordained minister, and that fact was not in any way known to the respondent or his counsel, until after…
1Opinion of the CourtBell, C. J.
In criminal prosecutions the charge of rape, or of an assault with intent to commit a rape, is considered as involving, not only the general character of the prosecutrix for chastity, but the particular facts of her previous criminal connection with the prisoner, though not with other persons. The character of the prosecutrix for chastity may therefore be impeached by general evidence of her reputation in that respect, but not by evidence of particular instances of unchastity. Nor can she be interrogated as to a criminal connection with any other person; except as to her previous intercourse…
2Cases cited8 opinions
- People v. AbbotNew York Supreme Court · 1838
- Root v. StuyvesantNew York Supreme Court · 1837
- Douglass v. TouseyNew York Supreme Court · 1829
- Davis v. PeopleIllinois Supreme Court · 1857
- Boynton v. KelloggMassachusetts Supreme Judicial Court · 1807
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3Cited by9 opinions
- State v. HowardSupreme Court of New Hampshire · 1981
- Nickels v. StateSupreme Court of Florida · 1925
- State v. LemireSupreme Court of New Hampshire · 1975
- Commonwealth v. GriecoMassachusetts Supreme Judicial Court · 1982
- United States v. TomchekUnited States Court of Military Appeals · 1977
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