Parker v. State
Decision Date | 21 June 1887 |
Citation | 10 A. 219,67 Md. 329 |
Parties | PARKER v. STATE. |
Court | Maryland Court of Appeals |
Appeal from circuit court, Prince George's county.
George C. Merrick and D. R. Magruder, for appellant.
Atty. Gen. Roberts, for appellee.
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 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 " 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 was an attempt to prove by her declarations that she had hidden her drawers, and to show her motive for hiding them. When an outrage has been committed on a woman, the instincts of her nature prompt her to make her wrongs known, and to seek sympathy and assistance. The complaint which she then makes is the...
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