People v. Etter
| Court | Supreme Court of Michigan |
| Writing for the Court | CAHILL |
| Citation | 45 N.W. 1109,81 Mich. 570 |
| Decision Date | 27 June 1890 |
| Parties | PEOPLE v. ETTER. |
81 Mich. 570
45 N.W. 1109
PEOPLE
v.
ETTER.
Supreme Court of Michigan.
June 27, 1890.
Appeal from circuit court, Cass county; THOMAS O'HARA, Judge.
[45 N.W. 1110]
Howeli & Carr, for appellant. F. J. Atwell, for the People.
CAHILL, J.
The respondent was convicted of the crime of rape, charged to have been committed on a young girl, under the age of 14 years, on July 28, 1888. The principal contest on the trial was over the question of the girl's age; it being conceded that the intercourse was had with her consent, if she was of an age to give legal consent. It was claimed by the prosecution that the girl became 14 years old on the 13th day of October, 1888, whereas it was claimed by the respondent that she was a year older. The only evidence of intercourse prior to October 13, 1888, was given by the girl herself, who testified to two occasions,-one in April, and the other in July previous. The prosecution was allowed to prove, under objection, by the mother of the girl, that she caught respondent in bed with her daughter in her own house on the night of October 15, 1888, two days after the girl was admittedly 14. This evidence should have been excluded. It could have no legitimate tendency to show the previous unlawful intimacy. People v. Clark, 33 Mich. 115. It was admitted by the court on the idea that respondent then admitted the previous intercourse. But it would have been competent to prove respondent's admissions without proving in detail all the circumstances that were allowed to be shown in this case. It is by no means clear that respondent made, or intended to make, any admission of criminal conduct. It is very apparent that the real purpose of the evidence was to get before the jury the fact that respondent had been caught in the act on the 15th of October, so that they should infer therefrom the previous intimacy when the girl was under the age of legal consent.
Among the witnesses whose names were indorsed on the information was that of Catherine Blood, the grandmother of the girl, who was admitted to have been present at her birth. The prosecuting attorney rested his case without calling her, and, when requested by respondent's counsel to call her, declined to do so on the ground that he had learned, from talking with her, that she would dispute the testimony of the other witnesses for the people who had testified to the date of the girl's birth; that he did not propose to call her, or to be bound by her testimony, which he knew was...
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People v. Harrison, Docket No. 11447
...decedent utter threats against wife in prosecution of wife for murder of husband, where defense of self-defense raised); People v. Etter, 81 Mich. 570, 572--573, 45 N.W. 1109 (1890) (one of two witnesses present at birth of complaining witness in statutory rape trial, where age of complaina......
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People v. Aldridge, Docket No. 12524
...it was, whether its tendency is to establish the guilt or innocence of the accused. Hurd v. People, 25 Mich. 405 (1872); People v. Etter, 81 Mich. 570, 45 N.W. 1109 (1890). A public prosecutor has no right to suppress testimony. Wellar v. People, 30 Mich. 16 (1874). It is the duty of the pr......
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People v. Howell, No. 3
...witness. See People v. Ake, 362 Mich. 134, 106 N.W.2d 800 (1961); People v. Kayne, 268 Mich. 186, 255 N.W. 758 (1934); People v. Etter, 81 Mich. 570, 45 N.W. 1109 (1890); People v. Dickinson, 2 Mich.App. 646, 141 N.W.2d 360 Arguably the child should have been endorsed even though he might h......
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People v. Hill, No. 200.
...triors the whole transaction as it was, whether it tends to establish guilt or innocence. Hurd v. People, 25 Mich. 405;People v. Etter, 81 Mich. 570, 45 N. W. 1109;People v. Kindra, 102 Mich. 147, 60 N. W. 458. Eyewitnesses to alleged crimes should not only be produced, but sworn and examin......
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People v. Harrison, Docket No. 11447
...decedent utter threats against wife in prosecution of wife for murder of husband, where defense of self-defense raised); People v. Etter, 81 Mich. 570, 572--573, 45 N.W. 1109 (1890) (one of two witnesses present at birth of complaining witness in statutory rape trial, where age of complaina......
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People v. Aldridge, Docket No. 12524
...it was, whether its tendency is to establish the guilt or innocence of the accused. Hurd v. People, 25 Mich. 405 (1872); People v. Etter, 81 Mich. 570, 45 N.W. 1109 (1890). A public prosecutor has no right to suppress testimony. Wellar v. People, 30 Mich. 16 (1874). It is the duty of the pr......
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People v. Howell, No. 3
...witness. See People v. Ake, 362 Mich. 134, 106 N.W.2d 800 (1961); People v. Kayne, 268 Mich. 186, 255 N.W. 758 (1934); People v. Etter, 81 Mich. 570, 45 N.W. 1109 (1890); People v. Dickinson, 2 Mich.App. 646, 141 N.W.2d 360 Arguably the child should have been endorsed even though he might h......
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People v. Hill, No. 200.
...triors the whole transaction as it was, whether it tends to establish guilt or innocence. Hurd v. People, 25 Mich. 405;People v. Etter, 81 Mich. 570, 45 N. W. 1109;People v. Kindra, 102 Mich. 147, 60 N. W. 458. Eyewitnesses to alleged crimes should not only be produced, but sworn and examin......