State v. Williams
Delaware Court of Oyer and Terminer
Rape At a Court of Oyer and Términer, for New Castle County, beginning May 15, 1911, the prisoner was placed upon trial upon an indictment charging that on the night of January 25, 1911, in Brandywine Park, he did rape or ravish one Laura Clichener.
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Rape At a Court of Oyer and Términer, for New Castle County, beginning May 15, 1911, the prisoner was placed upon trial upon an indictment charging that on the night of January 25, 1911, in Brandywine Park, he did rape or ravish one Laura Clichener. At the trial the prosecuting witness was asked, in cross examination, the following question, laying the ground for contradiction, which question was not objected to by the state, viz.: “Did not you say to Walter Padroski, two or three days after this occurrence, and after it had been published in the paper, when he asked you if you were the one…
1Opinion of the Court
Pennewill, C. J.:
The court are unanimously of the opinion that in the question propounded to the prosecuting witness, whom this witness is called to contradict, the ground was not properly laid; and we think the failure of the state to then object to the *105question because the ground was not properly laid, does not preclude it from objecting, now. The state did not thereby waive its right to object at this time. We sustain the objection to the present question.
Pennewill, C. J.,
charging the jury:
Gentlemen of the jury:—The indictment in this casé contains two counts—the one charging that the…
2Cited by4 opinions
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- Kitchen v. StateCourt of Criminal Appeals of Oklahoma · 1937
- Schwartz v. StateSupreme Court of Delaware · 1936