10 A. 219 (Md. 1887), Parker v. State

Citation:10 A. 219, 67 Md. 329
Opinion Judge:BRYAN, J.
Party Name:PARKER v. STATE.
Attorney:George C. Merrick and D. R. Magruder, for appellant. Atty. Gen. Roberts, for appellee.
Case Date:June 21, 1887
Court:Court of Appeals of Maryland
 
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Page 219

10 A. 219 (Md. 1887)

67 Md. 329

PARKER

v.

STATE.

Court of Appeals of Maryland

June 21, 1887

Appeal from circuit court, Prince George's county.

George C. Merrick and D. R. Magruder, for appellant.

Atty. Gen. Roberts, for appellee.

BRYAN, J.

The indictment against the prisoner contained two counts. The first charged that he had committed a rape on the person of one Kitty Wills, and the second charged an assault upon her with intent to commit a rape. He was acquitted on the first count, and convicted on the second. The case comes before us on two bills of exception taken at the trial.

The first bill of exceptions states that the prosecuting witness gave evidence tending to show the commission of the offense charged in the indictment, by the prisoner, on a certain Saturday. There are two offenses charged in the indictment. We presume the offense intended to be designated is the rape, and not the assault with intent to commit it. The mother of the prosecuting witness then testified that, on Friday after the Saturday on which the assault was alleged to have been committed, she found her daughter's drawers, under

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certain steps, with blood-stains upon them. She was then asked this question by the state: "What did the girl Kitty Wills say on that occasion was the reason she had hid the drawers?" Objection to the question was overruled by the court, and the witness was permitted to answer it. The answer is thus stated in the bill of exceptions: "Whereupon the witness, in answer, stated that the girl, crying all the time, said: 'Now, mother, if you will make me faithful promise not to whip me, I will tell you the truth about it. Uncle Tom Parker took me up in his arms and threw me down on the ground, pulled up my clothes, and put something in me sharp like a knife, and made me cry. When I got up, I said I was going back home and tell my mamma, and he said, if I did, he would kill me and throw me in the river, and run for his life. He told me to hide the drawers, and, if you said anything about them, to tell you to come to him.' " It would have been competent to prove on the examination in chief that the party alleged to have been injured made complaint while the injury was recent; but the details and circumstances of the transaction cannot be proved on such examination by her declarations. 1 Greenl. Ev. § 102. The offer now under consideration...

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