142 A. 543 | R.I. | 1928
Defendant was convicted of the rape of a girl thirteen years of age. The case is here on his bill of exceptions.
The indictment charges that defendant committed the crime at Westerly on, to wit, the fifteenth day of October, 1925. At the trial, before the jury was impaneled, upon request of defendant and by order of the court, the Attorney-General filed a bill of particulars, stating therein that the offense occurred at Watch Hill in the daytime, the exact hour not being known, on a day in the year 1925, sometime prior to the fifteenth day of October. Defendant objected to the indefiniteness of the date but, upon the statement of the Attorney-General that he was unable to specify the exact date, the trial justice ruled that the bill of particulars *306
was sufficient. The exception to this ruling is without merit and is overruled. It is apparent from the record that the State was unable to give the precise date of the offense. The motion was one addressed to the discretion of the court. State v. Nagle,
The defendant is a barber. In the summer he conducted his business in a small one-story building in Watch Hill. His shop was in front and he lived with his family in a room at the rear. The prosecutrix testified that in the afternoon on a day early in July, 1925, she left her house intending to go to the bathing beach at Watch Hill. On her way she stopped at the defendant's shop and went into the rear room to see her friend, the defendant's daughter. The defendant shortly afterwards came into the rear room, sent two other children that were there away on an errand, and then threw the prosecutrix on a bed and ravished her. That evening the prosecutrix made complaint to her sister, and a nurse maid but no particulars of the complaint were offered in evidence. The defendant's exception to the admission in evidence of this complaint is overruled. The complaint of the prosecutrix which was made several hours after the commission of the crime is not part of the res gestoe and therefore admissible on that ground, as in State v. Fitzsimon,
Case is remitted to the Superior Court for a new trial.