Thayer v. Davis
Supreme Court of Vermont
Complaint for bastardy. Plea not guilty, and trial by jury, Mareli Term, 1865, Peck, J., presiding. The plaintiff testified, and her testimony tended to show among other things, that on the 15th of September, 1863, the defendant had intercourse with her, and that the child was then begotten by the defendant; that she was then fourteen years of age, and that the child was born March 26th, 1864 ; that she was a single woman, never married.
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Complaint for bastardy. Plea not guilty, and trial by jury, Mareli Term, 1865, Peck, J., presiding. The plaintiff testified, and her testimony tended to show among other things, that on the 15th of September, 1863, the defendant had intercourse with her, and that the child was then begotten by the defendant; that she was then fourteen years of age, and that the child was born March 26th, 1864 ; that she was a single woman, never married. She had no recollection of having seen the defendant for a year or more next before the 15th of September, 1863, but that the defendant had intercourse with…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
The defendant makes but two questions on the exceptions in this case.
I. He claims that the testimony of the prosecutrix in respect to his having had sexual intercourse with her on an occasion which was about three years previous to the time of the alleged intercourse when her child was begotten was inadmissible. The previous familiarity or intimacy existing between the parties was a circumstance bearing on the probability of the alleged sexual intercourse which is the subject of the prosecution. It tended to illustrate the relation of the…
2Cases cited2 opinions
- Kimball v. LockeSupreme Court of Vermont · 1859
- Clayes & Morse v. Ferris & HigbeeSupreme Court of Vermont · 1838
3Cited by9 opinions
- State v. BridgmanSupreme Court of Vermont · 1876
- Bliss v. Moore StoughtonSupreme Court of Vermont · 1941
- State v. PotterSupreme Court of Vermont · 1879
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