179 N.W. 653 | S.D. | 1920
Defendant was convicted of statutory rape, and has appealed from the judgment and from an order denying a new trial.
No question is raised but that the rulings of the trial court upon the admission and exclusion of evidence and its instructions to the jury were in all things correct and fair to the defense. The sole question for our determination is whether the evidence is such as to require this court to reverse the verdict of the jury, although the testimon)' of the complaining witness, if true, establishes the guilt of appellant.
“'Human experience teaches that unlawful, voluntary sexual intercourse, especially where the female is under the age of consent, is not the result of the spontaneous outburst of illicit passion, but comes rather almost invariably as the result of repeated and more or less continuous importuning, love-making, and artful excitement of the passions, until the sense of rfiodesty, the natural chastity, the fear of consequences — all of which would naturally restrain the girl from giving way to lustful desires — are overcome, and an illicit intimacy established.”
Appellant urges that complainant has testified to facts absolutely inconsistent with the above, thus rendering her story improbable and unworthy of credit. When writing the above, we had in mind the case where, except for the evidence of complainant, there is nothing to show her to be other than a girl of ordinary modesty, natural chastity, and of a reasonable fear of the consequences attendant upon sexual intercourse. But in the case before us appellant himself would have us believe that this girl was but a strumpet at and before the time of the alleged offense. What w¡e said in the Yeager Case has no applicaiton to a girl such as appellant would 'have us believe this girl to be — • one of even less virtue than her own story would indicate.
After a careful analysis of complainant’s testimony we can find nothing improbable in her story, when we start from the premise adopted by the defense, that she was of “easy” virtue. There being nothing improbable in such story, and there -being no such unexplainable inconsistencies as necessarily impeach her and render her story unreliable, the jurors, who saw her on the witness stand and were in a far better position than we to judge of her truthfulness, certainly acted within the bounds of reason in returning a verdict of guilty.
The judgment and order appealed from are affirmed.