People v. Black

{dissenting). I can not feel that the language used by Mr. Justice Champlin in People v. Gage, 62 Mich. 271 (4 Am. St. Rep. 854), quoted by my Brother McDonald in his opinion in this case, committed this court to a hard and fast rule that if the complaint of the prosecutrix in this character of cases was delayed, evidence of the fact that the complaint was made is inadmissible unless the delay is excused. If so, the cases cited by Justice Champlin are unfortunate. He cites State v. Niles, 47 Vt. 82; Higgins v. People, 58 N. Y. 377, and People v. Brown, 53 Mich. 531. The Vermont case holds to…