People v. Tierney (1885) · DecisionDepot

People v. Tierney

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court May 22, 1885 No. No. 20043Published

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Holding. The court held that it is erroneous to permit a prosecutrix in a rape trial to testify regarding the specific particulars of a complaint made to a third party after the alleged occurrence.

Issues

Whether the trial court erred in allowing the prosecutrix to testify to the particulars of her complaint made to a third party.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“the prosecutrix was permitted, against the objection and exception of the defendant, to give in evidence the particulars of the complaint which she testified she made to Mrs. Kieley shortly after the occurrence. This was held erroneous”

Synopsis

Cbiminal Law—Rape—Evtoenoe—Pabtiotlabs of Costplatot. — On a trial for rape, the prosecutrix cannot give evidence of the particulars of a complaint made by her shortly after the assault.

The Court. On the trial of the defendant, who was charged with the crime of rape, the prosecutrix was permitted, against the objection and exception of the defendant, to give in evidence the particulars of the complaint which she testified she made to Mrs. Kieley shortly after the occurrence. This was held erroneous by this court in the recent case of People v. Mayes, 66 Cal. 597. On the authority of that case the judgment and order are reversed and the cause remanded for a new trial.

Myrick, J., dissented.

People v. Tierney

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