State v. Jacobs
Decision Date | 03 April 1899 |
Citation | 21 R.I. 259,43 A. 31 |
Parties | STATE v. JACOBS. |
Court | Rhode Island Supreme Court |
Nathaniel I. Jacobs was convicted of crime, and moves for new trial. Denied.
Charles F. Stearns, Asst Atty. Gen., for the State.
James A. Williams, for defendant.
This is an indictment for an assault with intent to commit rape. The defendant was convicted in the common pleas division, and the case is now before us on his petition for a new trial on the grounds that the verdict was against the evidence, and that the court erred in its instructions to the jury. The evidence offered on the part of the prosecution included an alleged confession by the defendant of the commission of the crime; and the main question of law which is raised is whether the instruction relating thereto, as finally given by the court in reply to a question by the jury, was correct. The question and reply were as follows: The defendant's counsel duly excepted to this instruction. He contends that the corpus delicti must be proved beyond a reasonable doubt, independently of and apart from any confession made by the defendant; that is to say, that the confession cannot be considered by the jury as in any degree tending to prove the body of the crime. We think this contention is untenable, and that the instruction given by the court was substantially correct. It is doubtless well settled, in the United States, at any rate, that extrajudicial confessions of a defendant in a criminal case, without other evidence of the fact that a crime has been...
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...of the gun to her constituted independent corroborative evidence sufficient to establish the corpus delicti, citing State v. Jacobs, 21 R.I. 259, 43 A. 31 (1899). An examination of her testimony, however, disclosed that she did not see the gun until it was handed to her. In short, so far as......
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