Cunningham v. State
Illinois Supreme Court
Writ op Error to the Criminal Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. The grand jury of Cook county, on the 28th day of May, 1903, returned an indictment into the criminal court of said county charging Ceorge Cunningham with having committed the crime of rape upon one Irene Callahan, a female child under the age of fourteen years.
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Writ op Error to the Criminal Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. The grand jury of Cook county, on the 28th day of May, 1903, returned an indictment into the criminal court of said county charging Ceorge Cunningham with having committed the crime of rape upon one Irene Callahan, a female child under the age of fourteen years. The defendant was arraigned and pleaded not guilty, and upon a trial was convicted and sentenced to the penitentiary for the period of ten years. The prosecutrix testified she was twelve years of age; that she resided with her mother at…
1Opinion of the CourtJustice Hand
It is first assigned as error that the verdict and judgment are not supported by the evidence. The verdict and judgment rest entirely upon the testimony of the prosecutrix. The prosecution sought to corroborate the testimony of the prosecutrix by proof that she made complaint to Mrs. Parks. The statement to Mrs. Parks was made some three weeks after the offense was alleged to have been committed, and was made in reply to questions propounded to the prosecutrix by Mrs. Parks. While it is proper, in prosecutions of the character of this, to prove that the prosecutrix made complaint, such…
2Cases cited2 opinions
- Keller v. PeopleIllinois Supreme Court · 1903
- Austine v. PeopleIllinois Supreme Court · 1869
3Cited by22 opinions
- The People v. DamenIllinois Supreme Court · 1963
- The People v. DavisIllinois Supreme Court · 1957
- State v. EllisonNew Mexico Supreme Court · 1914
- State v. DudleySupreme Court of Iowa · 1910
- People v. BrownAppellate Court of Illinois · 1968
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