77 Vt. 10 | Vt. | 1904
The respondent, a person over the age of sixteen years, was tried upon an indictment charging him with assault with intent to carnally know a female person under the age of sixteen years.
Since the person assaulted was under the age of sixteen years, the question of her consent was immaterial. Acts of 1898, No. 118, Sec. 1; State v. Sullivan, 68 Vt. 540, 35 Atl. 479.
Counsel for the State argued to the jury regarding the girl’s appearance when being examined in court, saying that “the recollection of those terrible moments down there still brings tears of shame to her face.” This was held to be legitimate, to which the respondent excepted. -
The appearance of a witness on the stand may always be taken into* consideration by the jury. Consequently counsel may properly argue concerning it.
Judgment that there was no error in the court below, and that the respondent take nothing by his exceptions.