Legal Opinion · Concurrence

State v. . Boyle

Supreme Court of North Carolina

Decided September 5, 1889Published

Trial by Jury — Judge’s Charge — Rape. upon circumstances of fact which attended this case; for instance, that if the witness be of good fame, if she presently discovered the offence, if the party accused fled for it — -these, and the like, are concurring circumstances which give-greater probability to her evidence; but, on the other side, if she concealed the injury for any considerable time after she had an opportunity to complain; if the place where the-act alleged to…

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Trial by Jury — Judge’s Charge — Rape. upon circumstances of fact which attended this case; for instance, that if the witness be of good fame, if she presently discovered the offence, if the party accused fled for it — -these, and the like, are concurring circumstances which give-greater probability to her evidence; but, on the other side, if she concealed the injury for any considerable time after she had an opportunity to complain; if the place where the-act alleged to have been committed was where she might have been heard, and she made no outcry, these, and the-like circumstances, are to…

1ConcurrenceAvjbry, J.

Without filing a formal dissent to the opinion of the Court, I prefer to rest my concurrence in the conclusion reached upon different grounds.

Dr. Hines, an acknowledged expert in all matters pertaining to surgery and medicine, was offered as a witness for the State. After he had described in his examination-in-chiefi the laceration he discovered in making a private examination of the prosecutrix, and expressed the opinion that her condition was caused by receñí carnal connection with a man, he stated, in reply to a question on cross-examination, in reference to the nature of the apparent…

2Cases cited12 opinions

  1. Reynolds v. United StatesSupreme Court of the United States · 1879
  2. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  3. Flynt v. . BodenhamerSupreme Court of North Carolina · 1879
  4. State v. . CollinsSupreme Court of North Carolina · 1874
  5. People v. ReyesCalifornia Supreme Court · 1855

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