State v. Anderson
Idaho Supreme Court
APPEAL from District Court, Blaine County. At common law where the accused was not permitted to testify in his own behalf, the testimony of the prosecutrix might be sufficient to warrant a conviction for rape; but under the statutes of this territory where the accused avails himself of the right to testify, and clearly and explicitly denies the commission of the offense, there must be testimony corroborating that of the prosecutrix to authorize a conviction.
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APPEAL from District Court, Blaine County. At common law where the accused was not permitted to testify in his own behalf, the testimony of the prosecutrix might be sufficient to warrant a conviction for rape; but under the statutes of this territory where the accused avails himself of the right to testify, and clearly and explicitly denies the commission of the offense, there must be testimony corroborating that of the prosecutrix to authorize a conviction. (Bueno v. People, 1 Colo* App. 232, 28 Pae. 248; State v. Balcer, ante, p. 496, 66 Pac. 81; Sowers v. Territory, 6 Olda. 436, SO Pac.…
1Opinion of the CourtHuston, C. J.
— The defendant was convicted of the crime of rape, alleged to have been perpetrated upon the person of one Emma Anderson, an adopted daughter of the defendant, and who, at the time of the alleged crime, was some thirteen years and nine months of age. The only evidence of the commission of the offense is the testimony of the prosecuting witness, which is, in substance, as follows: “1 do not understand the nature of an oath. I do not know what the clerk has just said to me. I understand he told me to tell the truth.I do not know what day of the week the 25th day of June was. I know clerk…
2Cases cited2 opinions
- People v. WesselCalifornia Supreme Court · 1893
- Tway v. StateWyoming Supreme Court · 1897
3Cited by22 opinions
- State v. ByersIdaho Supreme Court · 1981
- State v. ElsenIdaho Supreme Court · 1947
- State v. CoslerIdaho Supreme Court · 1924
- State v. Todd James SurinerIdaho Supreme Court · 2013
- State v. BowkerIdaho Supreme Court · 1924
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