54 Kan. 516 | Kan. | 1895
The opinion of the court was delivered by
The defendant was charged with the crime of rape on the person of Ina Longwell, a woman of the age of 18 years. The undisputed facts in the case are, that Ina Longwell worked as a domestic servant for the family of J. C. Briggs, in Dodge City. On the 19th of November, 1893, she went to visit her mother, who lived at Fort Dodge, riding in a buggy with J. C. Briggs. On the road they passed the defendant, who was also ridiDg in a buggy going to Fort Dodge. The mother of the prosecuting witness asked the defendant if her daughter might ride home with
The liberties of citizens ought not to be taken away and severe punishment inflicted on such testimony. The prosecuting witness knew, if she knew any fact connected with this matter, whether or not the main offense charged had been committed. If it had not in fact, then she wickedly and corruptly sought to convict the defendant by perjury of that of which he was innocent, and she is utterly unworthy of belief. There is no other testimony in this case of any fact or circumstance, or of any act or declaration of the defendant, which is inconsistent with his entire innocence of any offense. The conviction, therefore, rests solely on the testimony of a witness whom the jury by their verdict have discredited and disbelieved as to the most important fact stated by her on the witness stand, and the fact concerning which, above all others, she could not possibly be mistaken. This court will not uphold a judgment resting for its only support on such a foundation. Section 418 of chapter 31 of the General Statutes of 1889, concerning crimes and punishments, provides:
“No person shall be convicted of an assault with intent to commit a crime, or of any other attempt to commit any otfense, when it shall appear that the crime intended or tie offense attempted was perpetrated by such person at the time of such assault, or in pursuance of such attempt.”
If this witness told the truth, the section of the statute above quoted has been disregarded. If she was unworthy of belief, the jury should have acquitted altogether. The judgment is reversed, and a new trial ordered.