133 Mich. 1 | Mich. | 1903
.Defendant was convicted in the court below of the offense of bastardy.. The complaint alleged, and the evidence for the people tended to prove, that the bastard child was born February 9, 1901, and that it was
While it is clear that the cross-examination in this case compelled defendant to testify to the commission of the crime of rape, as the complaining witness was less than 16 years of age (see section 11489, 3 Comp. Laws), and though he could not be convicted of the offense charged in the complaint by reason of the intercourse occurring before April 1 or after June 1, 1900 (see Hull v. People, 41 Mich. 167 [2 N. W. 175]), nevertheless testimony establishing these other acts of intercourse had a legitimate tendency to prove defendant guilty of the offense for which he was being tried, and therefore to contradict his testimony on direct examination. See People v. Schilling, 110 Mich. 412 (68 N. W. 233); People v. Keefer, 103 Mich. 83 (61 N. W. 338); Matthews v. Detroit Journal Co., 123 Mich. 608 (82 N. W. 243); People v. Jamieson, 124 Mich. 164 (82 N. W. 835). If defendant, by availing himself of the privilege of testifying in his own behalf, given him by our statute (see section 10211, 3 Comp. Laws), waived his constitutional right to refuse to answer the questions complained of, the ruling of the trial court is correct; otherwise, it is erroneous.
While this court has held (see People v. Howard, 73