State v. Hamilton

This was a criminal prosecution upon an indictment for rape. There was a trial by a jury ; a ver*410diet of guilty, fixing the defendant’s punishment at two years in the state-prison; and judgment in accordance with the verdict.

The prosecuting attorney reserved a question of law upon the admission of some evidence offered by the defendant upon the trial, and has appealed to this court, assigning error upon the admission of such evidence.

By section 119 of the criminal code, 2 R. S. 1876, p. 405, it is provided, that “ The prosecuting attorney may except to any opinion of the court during the…