Phillips v. State
| Decision Date | 31 December 1848 |
| Citation | 28 Tenn. 246 |
| Parties | PHILLIPS v. THE STATE. |
| Court | Tennessee Supreme Court |
Phillips was indicted in the circuit court of Overton county for a rape committed on the body of Celia Wilson. He pleaded not guilty, and the issue thereupon was submitted to a jury, under the direction of Judge Campbell.
The state introduced Celia Wilson, who stated that on Wednesday, about twelve o'clock, as she was going to a country store, about four miles from her residence, she met the defendant, who had an axe in his hand; that he secured her horse, and forcibly took her from the horse and ravished her at a short distance from the highway. The state then introduced Moses Wilson, the husband of Celia, who stated that he knew nothing about the outrage committed on the person of his wife except what she related to him on Friday morning.
This testimony was objected to, but the objection was overruled. Wilson then related the statement of his wife to him; that Phillips met her on the highway on Wednesday; had an axe in his hand; stated his appearance, his conversation, his assumed name, the place where the offense was committed, and other particulars related by his wife to him.
The jury found the defendant guilty, and the defendant was sentenced to ten years' confinement in the penitentiary.
From this judgment he appealed.
Gardenhire, for plaintiff in error.
Attorney General, for the State.
The plaintiff in error was indicted and convicted in the circuit court of Overton county, for a rape committed on the person of Celia Wilson, a married woman. A new trial was moved for, which was refused, and an appeal in error has been prosecuted to this court. It appears from the bill of exceptions that Mrs. Wilson was examined as a witness for the state on the trial, and that after her examination her husband, Moses Wilson, was also examined as a witness for the prosecution, and was permitted by the court to relate to the jury the statement of the circumstances and particulars of the alleged offence made to him by his wife recently after the perpetration thereof. This evidence was objected to by the counsel of the prisoner when offered, but the objection was overruled. And the only question in the case which merits consideration is, Did the court err in admitting this evidence? Upon this question there is some diversity of opinion. All of the authorities concur that where the injured party is examined as a witness, her complaint of the injury in general terms, if made recently after the commission of the offence, is admissible, and may be proved by the persons to whom such complaint was made as conformatory of her credibility. But it would seem, according to some authorities, that her statement of the circumstances, or particulars of the complaint, should be excluded from the jury, while others lay it down that such evidence is admissible. We think the latter is the correct rule, both upon principle and weight of authority. And, upon a careful examination, it will perhaps be found that the conflict of authority is apparent rather than real.
Mr. Starkie, in his treatise on Evidence, vol. 2, pp. 699, 700 (6th Am. ed.), says:
The same author (vol. 1, pp. 186, 187), after stating the general rule that evidence in...
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Carroll v. State
...the complaint made soon after the commission of the offense, are admissible as corroborative or confirmatory of her credibility. Phillips v. State, 28 Tenn. 246; Curtis v. State, 167 Tenn. 430, 433, 70 S.W.2d 364; King v. State, It is true that Mrs. Carroll, three or four hours after the ra......
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State v Cox
...when a child is the victim of sexual abuse). In so holding, the court specifically rejected the previous rule set forth in Phillips v. State, 28 Tenn. 246 (1848), which permitted the introduction during the State's case-in-chief of both the fact of the complaint and the details thereof. Ken......
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Klaver v. State
...upon declarations made by the prosecutrix some several hours after the commission of the alleged offense. 'In the case of Phillips v. State, 28 Tenn. 246, the Court 'Where the injured party is examined as a witness, on a trial for rape, her statement of the circumstances, or particulars of ......
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Conboy v. State
...the complaint made soon after the commission of the offense, are Admissible as corroborative or confirmatory of her credibility. Phillips v. State, 28 Tenn. 246; Curtis v. State, 167 Tenn. 430, 433, 70 S.W.2d 364; King v. State (210 Tenn. 150, 357 S.W.2d 42), supra.' (emphasis In Hill v. St......