Legal Opinion

State v. Trego

Idaho Supreme Court

Decided February 28, 1914PublishedCited by 9 opinions

APPEAL from the District Court of the Fifth Judicial District in and for Bingham County. Hon. J. M. Stevens, Judge. The defendant was convicted of the crime of rape.

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APPEAL from the District Court of the Fifth Judicial District in and for Bingham County. Hon. J. M. Stevens, Judge. The defendant was convicted of the crime of rape. While a conviction for rape may be properly had upon the uncorroborated testimony of a prosecutrix, this would only be warranted when the reputation of the prosecutrix for chastity as well as for truth is unimpeached, and when the facts and circumstances surrounding the commission of the offense are in corroboration and not contradictory of the statements of the prosecutrix. (State v. Anderson, 6 Ida. 706, 59 Pac. 180; Twwy v.…

1Opinion of the CourtSullivan, J.

The defendant, who is appellant here, was informed against upon a charge of statutory rape and convicted and sentenced to a term in the state penitentiary from five to twenty-five years. A motion for a new trial was overruled and this appeal is from the judgment and from the order denying a new trial. The specifications of error go to the insufficiency of the evidence to support the verdict, the admission and rejection of certain evidence and the refusal to give a certain instruction.

The following facts appear from the record: The prosecutrix at the time said crime is alleged to have been…

2Cases cited8 opinions

  1. People v. BensonCalifornia Supreme Court · 1856
  2. People v. HamiltonCalifornia Supreme Court · 1873
  3. State v. TevisSupreme Court of Missouri · 1911
  4. Sowers v. TerritorySupreme Court of Oklahoma · 1897
  5. State v. BakerIdaho Supreme Court · 1899

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State v. ElsenIdaho Supreme Court · 1947
  2. State v. BowkerIdaho Supreme Court · 1924
  3. State v. BoykinIdaho Supreme Court · 1925
  4. State v. ClarkIdaho Supreme Court · 1915
  5. State v. ParkerIdaho Supreme Court · 1986

4 more not listed; retrieve them via the Exa API.

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