87 So. 286 | Miss. | 1921
delivered the opinion of the court.
The appellant, Flem Clark, was tried and convicted for an assault with intent to rape Susie Miller, a female child under the age of twelve years, and sentenced to a term of fifteen years in the penitentiary.
We shall refrain from stating the unsavory details of the offense as shown by the record; the testimony of the female assaulted was ample for conviction, when considered together with the corroborating proof in the case. However,, the record shows that at the trial of the case the witness Georgia Miller, mother of the prosecutrix, Susie Miller, was permitted, over the objection of the appellant, to testify to all the details of what Susie told her as to who, how and where the assault occurred. This was error.
The outcry or complaint of the female following the offense of rape, or attempt, is competent proof even though it is hearsay evidence, but the exception to the rule admitting this character of hearsay evidence does not go to the extent of permitting the witness to testify to the facts and circumstances in detail as told to her by the female assaulted. Frost v. State, 100 Miss. 796, 57 So. 221.
For the two errors mentioned the judgment of the lower court is reversed, and the case remanded.
Reversed and remanded.