Soto v. Territory of Arizona
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Second Judicial District, in and for the County of Cochise. Fletcher M. Doan, Judge. The facts are stated in the opinion. The testimony of the woman Mary Sherman, mother of the boy Amilio, was inadmissible, because such testimony cannot be admitted as res gestae. It can only be admitted in corroboration, and never to prove the substantive offense.
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APPEAL from a judgment of the District Court of the Second Judicial District, in and for the County of Cochise. Fletcher M. Doan, Judge. The facts are stated in the opinion. The testimony of the woman Mary Sherman, mother of the boy Amilio, was inadmissible, because such testimony cannot be admitted as res gestae. It can only be admitted in corroboration, and never to prove the substantive offense. It cannot be admitted under any circumstances where the party alleged to have been injured has not testified to the same matters ; furthermore, the details of the complaint alleged to have been…
1Opinion of the Court
SLOAN, J.-
The appellant, Soto, was charged and convicted in the court below with having committed the infamous crime against nature with one Amilio Sherman, a Mexican *38boy of about the age of four years. Upon the trial the mother of the boy testified.that about 11 o’clock on the morning of the 2d of March, 1907, she sent her son to a store, situated about the distance of six city blocks from her home, to purchase some red chili and candy; that at about half-past 12 o’clock her son returned crying and very pale; that she examined him, and found his rectum lacerated and bleeding. She was then…
2Cases cited7 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- City of Galveston v. BarbourTexas Supreme Court · 1884
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- State v. Ah LoiNevada Supreme Court · 1869
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3Cited by33 opinions
- Beausoliel v. United StatesCourt of Appeals for the D.C. Circuit · 1939
- State v. DuncanOhio Supreme Court · 1978
- State v. McCaffertySouth Dakota Supreme Court · 1984
- Keefe v. State of ArizonaArizona Supreme Court · 1937
- Lancaster v. PeopleSupreme Court of Colorado · 1980
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