State v. Hammock
Idaho Supreme Court
APPEAL from the judgment of the District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. Prosecution for rape on a female under the age of consent. From a judgment of conviction defendant appealed. “The -declaration, to be admissible, must not only be made during the pendency of the criminal enterprise, but also in furtherance of its objects.
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APPEAL from the judgment of the District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. Prosecution for rape on a female under the age of consent. From a judgment of conviction defendant appealed. “The -declaration, to be admissible, must not only be made during the pendency of the criminal enterprise, but also in furtherance of its objects. A narrative to a stranger, related during the pendency of .the criminal enterprise, but of a past. event or-occurrence, is just as objectionable as if related after the criminal enterprise is terminated.” {Samples…
1Opinion of the CourtAilshie, J.
The defendant was convicted of the crime -of rape, committed on a female under the age of consent.
We shall deal with the exceptions by groups rather than -.separately.
The court properly sustained the objections to the questions asked by counsel for defendant, as to whether the prosecutrix had ever -had sexual intercourse with anyone prior to the time she submitted to that relation with the defendant. The fact that this girl under the age of consent had had intercourse with other men, or even if she had become a common prostitute, would constitute no defense for the defendant. (Underhill on…
2Cases cited7 opinions
- People v. AbbottMichigan Supreme Court · 1893
- People v. JohnsonCalifornia Supreme Court · 1895
- State v. HilbergUtah Supreme Court · 1900
- People v. WilmotCalifornia Supreme Court · 1903
- Plunkett v. StateSupreme Court of Arkansas · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. MooreIdaho Supreme Court · 1991
- State v. O'NeilIdaho Supreme Court · 1913
- State v. TolmanIdaho Supreme Court · 1992
- State v. BootheIdaho Court of Appeals · 1982
- State v. AlvordIdaho Supreme Court · 1928
17 more not listed; retrieve them via the Exa API.