82 Miss. 84 | Miss. | 1903
delivered the opinion of the court.
It was error to allow prosecutrix to be asked as to her relations with other men. The only possible purpose of it was to bolster up her general reputation as to chastity, when that was not in issue at any time during the trial. The defendant did not assail it. That is settled in the two following cases:
We remark, lastly, that this is a case calling for the closest scrutiny of the testimony, by reason of the long delay. It is almost incredible that prosecutrix could not have made complaint against appellant, without fear, during the last three or four years at least. She was over twenty years of age, and it is very hard to believe that she was still under the terror of treatment inflicted while she was of tender years. There are other circumstances in her testimony far from satisfactory; such as not complaining while she was hired out, when she would have been fully protected. But we do not care to comment on the testimony at large beyond remarking that, stripped of the incompetent testimony, it is a very unsatisfactory case.
Reversed and remanded.