Legal Opinion · Dissent

State v. Long

Montana Supreme Court

Decided March 26, 1954No. 9284Published

1DissentJustice Angstman

I am not able to agree with the majority opinion so far as it holds that it was error to receive evidence that prosecutrix told the sheriff that she had been raped.

The prosecuting witness had previously testified that she told others that she had been raped. On her cross-examination there. *532was an attempt made to discredit her statements on this subject. The testimony elicited from the sheriff was to corroborate that given by prosecutrix relative to the fact that she made complaint soon after the rape was committed, and all the courts hold that such evidence is admissible.

The rule is stated in…

2Cases cited4 opinions

  1. State v. MurleyWashington Supreme Court · 1949
  2. Sweazey v. Valley Transport, Inc.Washington Supreme Court · 1940
  3. State v. McClellanMontana Supreme Court · 1900
  4. People v. NoblesCalifornia Court of Appeal · 1941

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