State v. Jesse E. Swiger, (No. 6121)
| Court | Supreme Court of West Virginia |
| Writing for the Court | LITZ, J. |
| Citation | 105 W.Va. 358 |
| Parties | State v. Jesse E. Swiger |
| Docket Number | (No. 6121) |
| Decision Date | 20 March 1928 |
105 W.Va. 358
State
v.
Jesse E. Swiger
Supreme Court of Appeals of West Virginia.
Submitted March 13, 1928.
Decided March 20, 1928.
[105 W.Va. 358]
1. Rape In Prosecution for Statutory Rape, State May Show Female Contracted Venereal Disease as Result of Intercourse.
In a trial for statutory rape the state may show that the female contracted a venereal disease as a result of the intercourse, (p. 360.)
(Rape, 33 Cyc. p. 1476.)
2. Witnesses Party Surprised by Unfavorable Testimony by Oivn Witness May Interrogate Him as to Previous Inconsistent Statements; in Prosecution for Statutory Rape, State, Surprised by Prosecutrix's Testimony as to Age, Had Right toi Interrogate Her as to Previous Inconsistent Statements.
A party who is surprised by unfavorable testimony given by his own witness may interrogate such witness as to previous inconsistent statements made by him. (p. 359.)
(Witnesses, 40 Cyc. p. 2697.)
(Note: Parenthetical references by Editors, C. J. Cyc. Not part of syllabi.)
Hatcher, Judge, absent.
Error to Circuit Court, Randolph County. Jesse E. Swiger was convicted of statutory rape, and he brings error.
Affirmed.
Lee Boy See and Stanley Bosworth, for plaintiff in error. Howard B. Lee, Attorney General, and W. Elliott Nefflen, Assistant Attorney General, for the State.
Litz, Judge:
The defendant, Jesse Swiger, seeks the reversal of a judgment of the circuit court of Randolph County sentencing him to a term of twelve years in the penitentiary on a charge of statutory rape.
[105 W.Va. 359]
April 4, 1927, the defendant, a married man, induced Pearl Carder, a first year high school girl (who is alleged to have been only fourteen years of age, having been born October 5, 1912), to go with him from her home near Clarksburg to the city of Elkins, where they roomed together at the Tygart Hotel for two nights; then going to Charleston, remained there together at the Peyton Hotel for one night and at a private home five nights, when, at the instance of her parents, they were discovered and arrested. On being returned home it was found that she had contracted a venereal disease from the defendant as a result of sexual intercourse with him at Elkins and Charleston. After taking treatment for the disease at a clinic for some time she left home and was arrested in an automobile with the defendant a few days before the trial which took place May 27, 1927. Previous to her association with the defendant, she was chaste and obedient to her parents.
The grounds of error are: (1) the examination by the state of the prosecutrix, who was friendly to the defendant, regarding previous statements made by her inconsistent with her testimony in respect to her age; (2) the introduction of evidence tending to show that she was biased in favor of the defendant; (3) the admission of evidence showing that she had contracted a venereal disease as the result of sexual intercourse with him; (4) the admission of testimony of the mother, concerning the age of the girl, as tending to impeach an alleged public record of her birth; (5) the statement of the trial court relative to a certificate from the clerk of the county court of Harrison County based upon...
To continue reading
Request your trial
-
State v. Blankenship, No. 10404
...by his own witness may interrogate such witness as to previous inconsistent statements made by him.' Point 2, Syllabus, State v. Swiger, 105 W.Va. 358 [143 S.E. 3. 'Code, 57-3-6, requires an accused who voluntarily becomes a witness in his Page 400 own behalf to state in response to questio......
-
Crum v. Ward, No. 12057
...799. See also State v. Wolfe, 109 W.Va. 590, 156 S.E. 56, 74 A.L.R. 1039; State v. Justice, 107 W.Va. 490, 148 S.E. 843; State v. Swiger, 105 W.Va. 358, 143 S.E. During the closing argument counsel for plaintiff was permitted to write on a blackboard, and place before the jury the following......
-
Hartley v. Crede, No. 10651
...799. See also State v. Wolfe, 109 W.Va. 590, 156 S.E. 56, 74 A.L.R. 1039; State v. Justice, 107 W.Va. 490, 148 S.E. 843; State v. Swiger, 105 W.Va. 358, 143 S.E. The prior written statement of the witness, offered by the defendants and excluded by the circuit court, was [140 W.Va. 153] inad......
-
Abdulla v. Pittsburgh & Weirton Bus Co., No. 13469
...398 (1952); State v. Wolfe, 109 W.Va. 590, 156 S.E. 56 (1930); State v. Justice, 107 W.Va. 490, 148 S.E. 843 (1929), and State v. Swiger, 105 W.Va. 358, 143 S.E. 85 The testimony given by witness Vucjak concerning the distance he parked from the intersection was, we believe, sufficiently at......
-
State v. Blankenship, No. 10404
...by his own witness may interrogate such witness as to previous inconsistent statements made by him.' Point 2, Syllabus, State v. Swiger, 105 W.Va. 358 [143 S.E. 3. 'Code, 57-3-6, requires an accused who voluntarily becomes a witness in his Page 400 own behalf to state in response to questio......
-
Crum v. Ward, No. 12057
...799. See also State v. Wolfe, 109 W.Va. 590, 156 S.E. 56, 74 A.L.R. 1039; State v. Justice, 107 W.Va. 490, 148 S.E. 843; State v. Swiger, 105 W.Va. 358, 143 S.E. During the closing argument counsel for plaintiff was permitted to write on a blackboard, and place before the jury the following......
-
Hartley v. Crede, No. 10651
...799. See also State v. Wolfe, 109 W.Va. 590, 156 S.E. 56, 74 A.L.R. 1039; State v. Justice, 107 W.Va. 490, 148 S.E. 843; State v. Swiger, 105 W.Va. 358, 143 S.E. The prior written statement of the witness, offered by the defendants and excluded by the circuit court, was [140 W.Va. 153] inad......
-
Abdulla v. Pittsburgh & Weirton Bus Co., No. 13469
...398 (1952); State v. Wolfe, 109 W.Va. 590, 156 S.E. 56 (1930); State v. Justice, 107 W.Va. 490, 148 S.E. 843 (1929), and State v. Swiger, 105 W.Va. 358, 143 S.E. 85 The testimony given by witness Vucjak concerning the distance he parked from the intersection was, we believe, sufficiently at......