State v. Knapp
Supreme Court of New Hampshire
Indictment for rape upon one Sarah Maria Philbrick, on the 16th of December, 1861. Mrs. Philbrick was at the time residing with her father, Mr. Israel Perkins, of Warren.
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Indictment for rape upon one Sarah Maria Philbrick, on the 16th of December, 1861. Mrs. Philbrick was at the time residing with her father, Mr. Israel Perkins, of Warren. The evidence for the State tended to show that on said day Mrs. Philbrick was alone at the house, and that the respondent knowing that fact, drove from Warren village up northerly to this house, about one o’clock in the afternoon, hitched his. horse at a post by the corner of the house, went into the house and committed the crime, then left and drove on further north, and in course of about an hour returned and called again…
1Opinion of the CourtBellows, J.
The first objection is to the testimony of Mrs. Phil-brick, that she had been very lame for three or four years, and stating the cause of it, and that she had ever since doctored for it.
The ground of the objection is not stated, but if, as would ordinarily be assumed, it was the general one that evidence of her physical condition was not admissible, we think it cannot be sustained, as it might be very material to show that by reason of infirmity she was unable to make resistance.
The objection insisted on in the argument is to the evidence that she had doctored for the infirmity ever since the…
2Cases cited2 opinions
- People v. McGeeCourt for the Trial of Impeachments and Correction of Errors · 1845
- United States v. CraigU.S. Circuit Court for the District of Eastern Pennsylvania · 1827
3Cited by5 opinions
- State v. HillSupreme Court of New Jersey · 1990
- State v. BootonSupreme Court of New Hampshire · 1974
- Hardy v. MerrillSupreme Court of New Hampshire · 1875
- Battles v. StateCourt of Criminal Appeals of Texas · 1910
- State v. LapageSupreme Court of New Hampshire · 1876