State v. Shettleworth
Supreme Court of Minnesota
The defendant was indicted in the distinct court for Fillmore county, for the crime of rape, committed upon the person of Mary Rexford, and was found guilty. He appeals from the judgment of that court. So far as the points discussed on the appeal are concerned, the case is fully stated in the opinion.
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The defendant was indicted in the distinct court for Fillmore county, for the crime of rape, committed upon the person of Mary Rexford, and was found guilty. He appeals from the judgment of that court. So far as the points discussed on the appeal are concerned, the case is fully stated in the opinion. I. It was error to receive the answer to the question asked Abraham Rexford, father of the prosecutrix, “ What seemed to be the appearance and condition during the interval after she left Shettleworth’s until she made complaint to you?” The complaint of the prosecutrix in such case should only…
1Opinion of the Court
By the Court.
McMillan, J.
On the trial of an indictment for rape, the rule established is that the state may introduce evidence of complaint by the prosecutrix of the outrage upon her person, made recently after its occurrence, together with marks of violence upon her person. 2 Bishop’s Crim. Proc. § 963. If some delay in making complaint by the prosecutrix has transpired, the delay may be explained and excused by proof of sufficient cause therefor.' State v. Knapp, 45 N. Hamp. 148 ; State v. DeWolf, 8 Conn. 93.
This case comes before us upon a bill of exceptions, which does not purport to…
2Cases cited3 opinions
- Baccio v. . the PeopleNew York Court of Appeals · 1869
- State v. De WolfSupreme Court of Connecticut · 1830
- State v. DineenSupreme Court of Minnesota · 1865
3Cited by11 opinions
- State v. HillSupreme Court of New Jersey · 1990
- Brown v. StateWisconsin Supreme Court · 1906
- State v. PetersonSupreme Court of Iowa · 1900
- Ellis v. StateSupreme Court of Florida · 1889
- State v. PatrickSupreme Court of Missouri · 1891
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