State v. Fleming

Edward W. Fleming appeals from a judgment imposing a sentence of four years' imprisonment for statutory rape. (Sec. 4393, R.S. 1939.) Prosecutrix was twelve years of age.

We think defendant's claim of error in the admission in evidence, directly and by inference, of details of statements made by the prosecutrix when she made complaint concerning the crime charged against defendant to be well taken. The State contends error was not committed because (1) defendant interposed no objection to this testimony; (2) the testimony was admissible as original evidence, and (3) was also admissible, after…