People v. Tierney
California Supreme Court
Appeal from a judgment of the Superior Court of Nevada County, and from an order refusing a new trial. The defendant was convicted of the crime of rape. The further facts are stated in the opinion of the court.
1Opinion of the Court
The Court.
On the trial of the defendant, who was charged with the crime of rape, the prosecutrix was permitted, against the objection and exception of the defendant, to give in evidence the particulars of the complaint which she testified she made to Mrs. Kieley shortly after the occurrence. This was held erroneous by this court in the recent case of People v. Mayes, 66 Cal. 597. On the authority of that case the judgment and order are reversed and the cause remanded for a new trial.
Myrick, J., dissented.
2Cases cited1 opinion
- People v. MayesCalifornia Supreme Court · 1885
3Cited by6 opinions
- People v. AdamsCalifornia Supreme Court · 1939
- People v. LambertCalifornia Supreme Court · 1898
- People v. StewartCalifornia Supreme Court · 1893
- Hannon v. StateWisconsin Supreme Court · 1888
- People v. BranchCalifornia Court of Appeal · 1926
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