McCombs v. State
Ohio Supreme Court
In Error to the Court of Common Pleas of Tuscarawas county. . At the March term, 1858, of said court, McCombs was put upon his trial upon an indictment for an assault with intent to commit a rape upon the person of Maria Gertseh, and was convicted and sentenced to imprisonment in the penitentiary. To reverse this judgment this writ of error is prosecuted.
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In Error to the Court of Common Pleas of Tuscarawas county. . At the March term, 1858, of said court, McCombs was put upon his trial upon an indictment for an assault with intent to commit a rape upon the person of Maria Gertseh, and was convicted and sentenced to imprisonment in the penitentiary. To reverse this judgment this writ of error is prosecuted. It appears from the bill of exceptions taken on the trial, that Maria Gertseh, the prosecutrix, was sworn and examined on behalf of the state, whereupon, on cross-examination, the prisoner’s counsel asked her this question, “How many bastard…
1Opinion of the Court
By the Court:
1. On a trial for rape, or for assault with intent to commit a rape, the acts and declarations of the husband of the woman on whom the offense is alleged to have been committed, are not admissible to discredit the wife examined as a witness. Jefferson v. The State, 6 Ired. Rep. 305.
2. Whatever may be the rule elsewhere, it is settled in Ohio, that in a prosecution for rape, or for assault with intent, etc., the “ substance of what the prosecutrix said,” or the “declarations” made by her immediately after the offense was committed, may be given in evidence, in the first instance,…
2Cases cited2 opinions
- Pleasant v. StateSupreme Court of Arkansas · 1855
- People v. JacksonNew York Supreme Court · 1857