State v. Neel
Utah Supreme Court
Appeal from the Third District Court, Summit County. Hon. A. Gr. Norrell, Judge. Defendant was prosecuted and convicted for the crime of rape. From a verdict of guilty and the judgment entered thereon, defendant appealed to this court. The rule is that if the prosecutrix at her earliest opportunity made complaint of her injury, that fact may be shown and the person to whom such complaint was made. But the particulars thereof can not be given in evidence.
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Appeal from the Third District Court, Summit County. Hon. A. Gr. Norrell, Judge. Defendant was prosecuted and convicted for the crime of rape. From a verdict of guilty and the judgment entered thereon, defendant appealed to this court. The rule is that if the prosecutrix at her earliest opportunity made complaint of her injury, that fact may be shown and the person to whom such complaint was made. But the particulars thereof can not be given in evidence. Greenleaf, 15th Ed., Sec. 213; Russell on Crimes, Yol. 3, 232; Thompson v. State, 38 Ind., 39; Stater. Sargent, 49 Pac. (Ore.), 889; Leer.…
1Opinion of the CourtBaetoh, C. J.
The defendant was prosecuted for and convicted of the crime of rape. Upon being sentenced to the penitentiary for a term of five years, he appealed to this court setting forth various errors alleged to have been committed during the trial of the cause. lie was charged with having perpetrated the offense on Nov. 19, 1898, upon the person of Jeanette Lyons, a married woman, the prosecutrix in the case. It appears that some time after the day on which it was claimed the offense was committed, the prosecutrix complained to her husband about what had happened. At the trial, in relation to the…
2Cases cited10 opinions
- Baccio v. . the PeopleNew York Court of Appeals · 1869
- People v. MayesCalifornia Supreme Court · 1885
- Barnett v. StateSupreme Court of Alabama · 1887
- State v. JonesSupreme Court of Missouri · 1875
- State v. SargentOregon Supreme Court · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. HillSupreme Court of New Jersey · 1990
- Commonwealth v. LavalleyMassachusetts Supreme Judicial Court · 1991
- People v. BrownCalifornia Supreme Court · 1994
- State v. WilliamsUtah Supreme Court · 1909
- People v. RomanoIllinois Supreme Court · 1923
6 more not listed; retrieve them via the Exa API.