State v. Smith

This is an appeal from a judgment of conviction of rape upon a girl under 18 years of age, and from an order denying motion for new trial.

The offense was alleged as of March 8, 1927. Evidence of a doctor as to the result of his examination of the prosecutrix made about May 1, 1927, was received over objection, and a motion to strike it was denied. This examination was not so remote as to preclude admission of the evidence. The objection goes rather to the weight of the evidence than to its admissibility. (4 Elliott on Evidence, sec. 3107.) It tended to establish the corpus delicti, that the…