People v. Mayes

Morrison, C. J. The defendant was convicted of the crime of rape. The first ground on which the reversal of the judgment is sought is, that the evidence was insufficient to justify the verdict of the jury. The evidence was prima facie sufficient, and it was a question for the jury to determine how far the evidence was worthy of belief; therefore, on this point, we find nothing which would justify us in interfering with the verdict. The court did not err in instructing the jury that the consummation of the offense might be shown by circumstances and the surroundings. Neither was it error to tell the jury that [598]“they had a right to consider the relation existing between the parties, as tending, in some degree, to show that the prosecutrix had a right to trust herself to the defendant without fear of molestation or harm from him.” If it was a circumstance of any importance in the case, we think the instruction of the court correct. Surely, the prosecutrix had a greater right to repose confidence in the husband of her sister than in a stranger. We find no substantial error in that portion of the charge relating to resistance on the part of the prosecutrix. (2 Bish. Grim. Law, 1122; Whart. Amer. Grim. Law, 1141.)

The charge on the question of drunkenness seems to us in accord with the law as laid down by the Supreme Court in several cases, and was certainly as favorable to the defendant as the established doctrine on that subject would warrant. The court said to the jury :

“ While it is the law that the testimony of the prosecutrix should be carefully scanned, still this does not mean that such evidence is never sufficient to convict. If you believe the prosecutrix, it is your duty to render a verdict accordingly.”

The prosecutrix had testified to the existence of all the facts essential to the commission of the offense, and if what she swore to was true, there can be no doubt of the defendant’s guilt. She was not impeached, and in cases of this character the prosecution must generally rely solely on the uncontradicted evidence of the prosecutrix, as, from the very nature of the offense, it frequently happens that there is no other witness. “ The real facts in a case of rape are commonly known only to the defendant and the complaining woman. * * * If she speaks the truth, no completely satisfactory confirmation of her testimony can often be had.” (2 Bish. Crim. Proc., § 962.) It was competent to show that search was made for the defendant at his home, and that he had fled. It was also competent for the prosecution to show why the prosecutrix did not make immediate complaint against the defendant, for the purpose of rebutting any unfavorable inference that might otherwise have been drawn from her silence.