Brown v. Commonwealth
Court of Appeals of Kentucky
Case 34 — INDICTMENT APPEAL PROM DAVEISS CIRCUIT COURT. 1. It was error to refuse defendant’s offer 'to prove specific acts of unchastity. Franklin v. Com., 92 Ky., 616; Carroll v. State, 32 Tex. Crim. Rep., 431 (40 Amer. St. Rep. 786); Woods v. People, 55 N. Y„ 515; State v. Johnson, 28 Ver., 512; State v. Reed, 39 Ver., 417; State v. Murray, 63 N. C., 31; Benstine v. State, 2 Lea, 169 (31 Amer.
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Case 34 — INDICTMENT APPEAL PROM DAVEISS CIRCUIT COURT. 1. It was error to refuse defendant’s offer 'to prove specific acts of unchastity. Franklin v. Com., 92 Ky., 616; Carroll v. State, 32 Tex. Crim. Rep., 431 (40 Amer. St. Rep. 786); Woods v. People, 55 N. Y„ 515; State v. Johnson, 28 Ver., 512; State v. Reed, 39 Ver., 417; State v. Murray, 63 N. C., 31; Benstine v. State, 2 Lea, 169 (31 Amer. Rep., 593.) ■2. Under the provisions of section 596 of the Civil Code, the party introducing a witness may contradict him by other evidence, and! by showing that he had made statements different from…
1Opinion of the Court
JUDGE HAZELRIGG
DELIVERED the opinion oe the court.
On the defendant’s trial for rape, his defense being that • carnal knowledge of the prosecutrix was had by him with •her consent, it was error for the court to refuse to permit him to prove by third parties, and by the prosecuting witness on cross-examination if he could, acts of a lewd or lascivious ¡character on her part occurring shortly before the' alleged rape, such as that other young men had taken undue liberties with her person, by putting their hands under her clothes and feeling her per'son, to which she submitted without objection.…
2Cases cited2 opinions
- Woods v. . People of the State of N.Y.New York Court of Appeals · 1874
- State v. . MurraySupreme Court of North Carolina · 1868
3Cited by9 opinions
- Nickels v. StateSupreme Court of Florida · 1925
- Gravitt v. CommonwealthCourt of Appeals of Kentucky · 1919
- State v. JonesWashington Supreme Court · 1914
- Stewart v. CommonwealthCourt of Appeals of Kentucky · 1911
- Muncey v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1932
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