67 Cal. 54, 20043, People v. Tierney

Docket Nº:20043
Citation:67 Cal. 54, 7 P. 37
Party Name:THE PEOPLE, Respondent, v. PATRICK TIERNEY, Appellant
Attorney:Cross & Simonds, for Appellant. Attorney-General Marshall, for Respondent.
Judge Panel:JUDGES: In Bank. Myrick, J., dissented.
Case Date:May 22, 1885
Court:Supreme Court of California
 
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Page 54

67 Cal. 54

7 P. 37

THE PEOPLE, Respondent,

v.

PATRICK TIERNEY, Appellant

No. 20043

Supreme Court of California

May 22, 1885

Appeal from a judgment of the Superior Court of Nevada County, and from an order refusing a new trial.

COUNSEL:

Cross & Simonds, for Appellant.

Attorney-General Marshall, for Respondent.

JUDGES: In Bank. Myrick, J., dissented.

OPINION

THE COURT

Page 55

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.

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