State v. Henderson
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, for the County of Oneida. Hon. Alfred Budge, Judge. Prosecution and conviction for statutory rape.
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APPEAL from the District Court of the Fifth Judicial District, for the County of Oneida. Hon. Alfred Budge, Judge. Prosecution and conviction for statutory rape. Acts of sexual intercourse occurring subsequent to one charged in the indictment and relied on for conviction should not be considered by the jury, either in corroboration of the main offense charged or for any other purpose, as proof of subsequent offenses have no tendency to prove that previous thereto the defendant had probably committed the crime charged against him. (Cecil v. Territory, 16 Okl. 197, 82 Pac. 654, 8 Ann. Cas-,…
1Opinion of the CourtSullivan, J.
The defendant was convicted of the crime of statutory rape and was sentenced to serve a term of five years in the state penitentiary. A motion for a new trial was denied, and this appeal is from both the judgment and order denying the new trial.
It is alleged in the information that the crime was committed on the 6th day of December, 1908. During the progress of the trial, over the objection of counsel for the defendant, the complaining witness was permitted to testify that the defendant had had sexual intercourse with her a number of times subsequent to the said 6th day of December. The…
2Cases cited8 opinions
- Thayer v. ThayerMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. NicholsMassachusetts Supreme Judicial Court · 1873
- State v. BridgmanSupreme Court of Vermont · 1876
- State v. AndersonIdaho Supreme Court · 1899
- State v. DanforthSupreme Court of New Hampshire · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. SmailesIdaho Supreme Court · 1931
- State v. StifflerIdaho Supreme Court · 1990
- State v. CoslerIdaho Supreme Court · 1924
- State v. MooreNevada Supreme Court · 1925
- Brown v. StateAlabama Court of Appeals · 1945
13 more not listed; retrieve them via the Exa API.