People v. Glover

• Citation: 71 Mich. 303,38 N.W. 874
• Parties: PEOPLE v. GLOVER.
• Decision Date: 11 July 1888
• Court: Michigan Supreme Court

71 Mich. 303
38 N.W. 874

PEOPLE
v.
GLOVER.

Supreme Court of Michigan.

July 11, 1888.

Error to circuit, Bay county; GEORGE P. COBB, Judge.

Indictment against Frank Glover for rape. Defendant appeals from a judgment of conviction.

[38 N.W. 874]

C. E. Pierce, for appellant.

James Van Kleeck, Pros. Atty., for the People.

LONG, J.

Respondent was convicted of the crime of rape in the circuit court for the county of Bay, and sentenced to the state prison at Jackson at hard labor for the period of 15 days. The offense was alleged and shown to have been committed on the 4th day of December, 1887. On the trial the people called as a witness Barbara Ellen Murray, who testified that she was 11 years of age, and that Frank Glover, the respondent, raped her on the 4th day of December, 1887, giving the details of the transaction. This was the only direct testimony produced as to the actual commission of the offense. The people produced other evidence, to which no objection was made, tending to show that Barbara Ellen Murray on the 17th day of December, 1887, was suffering from gonorrhea. It is admitted that Barbara Ellen Murray made no disclosure that her person had been violated until December 17, 1887, when her mother, the prosecutrix in this case, induced by the girl's singular behavior, questioned her; and was permitted to testify, against the objection of the defendant, to what the girl told her relative to the offense. The only evidence given by the mother as to what the girl told her was her statement that the girl said: “Frank Glover, ma, has done this on me;” and said statement was made at the time she first discovered the condition of the girl. It appears from the evidence that the reason did not make a more immediate disclosure was from fear that her mother would whip her. The testimony of physicians who made an examination of defendant's person at the jail on the 19th day of December, 1887, was admitted, against the objection of the defendant. This testimony tended to show that the defendant was suffering with venereal disease. It further appeared that defendant was notified by the physicians

[38 N.W. 875]

that they made such examination by direction of the prosecuting attorney, and that he submitted to such examination voluntarily, and made no objection thereto. The defendant offered to introduce testimony showing that the reputation of Barbara Ellen Murray for chastity was bad. This testimony was objected to by the prosecuting attorney, and excluded. The...