State v. Danforth
Supreme Court of New Hampshire
INDTOTMT~NT, for rape upon a woman child under the age of sixteen years. Trial by jury and verdict of guilty. Transferred from the November term, 1904, of the superior court by UliamberUn, J. The woman, had a child born in July, 1904. Subject to exception, the state was permitted to exhibit the child to the jury, and to argue from peculiarities of features claimed to be common to the child and the defendant and from a general resemblance between them.
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INDTOTMT~NT, for rape upon a woman child under the age of sixteen years. Trial by jury and verdict of guilty. Transferred from the November term, 1904, of the superior court by UliamberUn, J. The woman, had a child born in July, 1904. Subject to exception, the state was permitted to exhibit the child to the jury, and to argue from peculiarities of features claimed to be common to the child and the defendant and from a general resemblance between them. After verdict, the defendant moved to set the same aside and for a new trial, on the ground of alleged misconduct of the state’s counsel and…
1Opinion of the CourtParsons, C. J.
“ Evidence is any matter of fact, the effect, tendency, or design of which is to produce in the mind a persuasion, affirmative or disaffirmative, of the existence of some other matter of fact.” Cook v. New Durham, 64 N. H. 419, 420. The defendant is charged with rape upon a woman child under the age of sixteen years. The birth of the child conclusively established a prior act of intercourse. The fact was relevant upon the issue tried. The state could not be confined to proof by oral testimony, and excluded from presenting the child to the jury as evidence tending to establish the fact of…
2Cases cited20 opinions
- In re the Estate of JessupCalifornia Supreme Court · 1889
- Jones v. JonesCourt of Appeals of Maryland · 1876
- Wright v. HicksSupreme Court of Georgia · 1854
- State v. . HortonSupreme Court of North Carolina · 1888
- State Ex Rel. Stubblefield v. WoodruffSupreme Court of North Carolina · 1872
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3Cited by20 opinions
- State v. BoisvertSupreme Court of New Hampshire · 1979
- State v. MooreNevada Supreme Court · 1925
- Anderson v. AupperleOregon Supreme Court · 1908
- State v. HendersonIdaho Supreme Court · 1911
- State v. JacksonSupreme Court of Vermont · 1967
15 more not listed; retrieve them via the Exa API.