People v. Glover

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

38 N.W. 874

71 Mich. 303

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.

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 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 defendant also offered testimony showing specific acts of lewdness on the part of Barbara Ellen Murray with young boys in the month of December, 1886, and April, 1887. This testimony, on motion of the prosecuting attorney, was excluded. The defendant, having been sworn in his own behalf, denied the alleged rape; and, having given evidence tending to show that he had not gonorrhea at the time the offense was alleged to have been committed, upon his cross-examination, the court, against the objection of defendant's counsel, required the defendant to answer questions propounded by the prosecuting attorney as to his physical condition with reference to the venereal disease, and as to the nature and object of certain bottles of medicine used by the defendant while confined in the jail. At the close of the testimony, the defendant's counsel offered to read from Beck's Medical Jurisprudence, which offer was refused by the court; the court saying he would excuse the jury temporarily, and permit counsel to read, but that he did not think it was proper to read from that book in the presence of the jury. After conviction and sentence, the defendant brings the case to this court by writ of error. The following errors are assigned: "(1) The court erred in admitting the testimony of Mrs. Murray as to what the girl told her relative to the offense 13 days after the alleged commission of the crime. (2) The court erred in admitting the testimony of physicians, who made an examination of defendant's person in the jail, as to defendant's physical condition with reference to venereal disease. (3) The court erred in refusing to permit the evidence to be introduced which defendant's attorney offered to introduce, showing that the reputation of Barbara Ellen Murray for chastity was bad. (4) The court erred in refusing to permit the evidence to be introduced which defendant's attorney offered to introduce, showing specific acts of lewdness on the part of Barbara Ellen Murray with young boys. (5) The court erred in requiring the defendant to answer questions as to his physical condition, propounded by the prosecuting attorney. (6) The court erred in refusing to permit defendant's counsel to read, in the hearing of the jury, from a book entitled, 'Beck's Medical Jurisprudence."'

We find no error in this case. The mother was properly allowed to testify to what the girl told her on December 17, 1887; and the case falls directly within the ruling of this court in People v. Gage, 28 N.W. 835, where cases on this point are collected and reviewed by Mr. Justice CHAMPLIN. The claim that the court erred in admitting the testimony of physicians who examined defendant, after his arrest, while in jail, as to his physical condition, has no force. It is not claimed that any...