Gardner v. Kellogg
Supreme Court of Minnesota
This action was brought in the district court for Wabasha county, to recover for injuries alleged to have been sustained by plaintiff’s minor child from an indecent assault committed upon her by the defendant. At the trial before Mitchell, J., the plaintiff had a verdict for $1,000; a new trial was refused, and defendant appealed.
1Opinion of the CourtCornell, J.
In a criminal action against a party indicted for an assault of an indecent character upon a female, the rule is settled in this state that it is competent, when the party assaulted testifies as a witness to the assault, to prove, both by her and other witnesses, the fact that immediately thereafter she made complaint of the outrage upon her person to some confidential friend or relative. But such proof must be confined to the principal fact, and not extended to embrace any of the particulars of the transaction. State v. Shettleworth, 18 Minn. 208. In this case the question is presented…
2Cases cited6 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Baccio v. . the PeopleNew York Court of Appeals · 1869
- McCarthy v. NiskernSupreme Court of Minnesota · 1875
- State v. ShettleworthSupreme Court of Minnesota · 1872
- Fox v. StevensSupreme Court of Minnesota · 1868
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3Cited by27 opinions
- Glover v. CallahanMassachusetts Supreme Judicial Court · 1937
- Brandt v. KroghCalifornia Court of Appeal · 1910
- State v. GressSupreme Court of Minnesota · 1957
- State v. QuirkSupreme Court of Minnesota · 1907
- Hess v. Adamant Manufacturing Co. of AmericaSupreme Court of Minnesota · 1896
22 more not listed; retrieve them via the Exa API.