State v. Baker
Idaho Supreme Court
APPEAL from the District Court of Ada County. As the common law, where the defendant was not permitted to testify in his own behalf, the testimony of the prosecutrix alone was sufficient to sustain a conviction for rape. But under statutes making the accused a competent witness, when he avails himself of his right to testify, and explicitly denies the commission of the offense, the uncorroborated testimony of the prosecutrix is not sufficient to sustain a conviction.
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APPEAL from the District Court of Ada County. As the common law, where the defendant was not permitted to testify in his own behalf, the testimony of the prosecutrix alone was sufficient to sustain a conviction for rape. But under statutes making the accused a competent witness, when he avails himself of his right to testify, and explicitly denies the commission of the offense, the uncorroborated testimony of the prosecutrix is not sufficient to sustain a conviction. (7 Am. & Eng. Ency. of Law, 2d ed., 867; Mathews v. State, 19 Neb. 330, 27 N. W. 234; Sowers v. Territory, 6 Okla. 436, 50 Pae.…
1Opinion of the CourtHuston, C. J.
— The defendant was convicted of the crime of rape, alleged to have been committed upon the person of his daughter, aged about fifteen years, and sentenced to the state penitentiary for a period of twenty-one years; from which judgment, and from the order of the court overruling his motion for a new trial, defendant appeals.
Appellant raises several objections to the constitutionality of the act under which he was indicted, both as to the sufficiency of its title and the manner of its enactment. As an examination of the record satisfies us that the judgment of the district court will have to…
2Cases cited1 opinion
- State v. RidenbaughIdaho Supreme Court · 1897
3Cited by20 opinions
- State v. SmootIdaho Supreme Court · 1978
- State v. WilsonIdaho Supreme Court · 1969
- In Re Contempt Proceedings of BrainardIdaho Supreme Court · 1934
- State v. BowkerIdaho Supreme Court · 1924
- City of Idaho Falls v. PfostIdaho Supreme Court · 1933
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