127 Minn. 485 | Minn. | 1914
Defendant was convicted of tbe crime of carnally knowing a female child under tbe age of 18 years. Tbe case has been tried twice. At tbe first trial, tbe jury returned a verdict of guilty, but a motion for a new trial was made and granted. At tbe second trial, tbe jury again returned a verdict of guilty. A motion for a new trial was made and denied and defendant appealed.
Tbe assignments of error challenge; (1) Tbe sufficiency of tbe evidence to sustain tbe verdict; (2) tbe ruling of tbe court in sustaining an objection to a question asked tbe complaining witness, on cross-examination, concerning her testimony before tbe grand jury; (3) tbe refusal of tbe court to give two of the instructions requested by defendant.
“The jury are warned that it would be dangerous to convict on her testimony, unless they also find that it is sustained by facts and circumstances corroborating it, and such corroboration shonld go to the*488 commission of tbe offense and not to tbe defendant’s opportunity to commit it or similar collateral or indirect facts and circumstances.”
Some states, by statute, bave adopted tbe rule that no conviction shall be bad in sucb cases, unless tbe testimony of tbe prosecutrix be corroborated by other evidence tending to show tbe commission of tbe offense, and perhaps some courts apply tbe same rule without statutory authority therefor; but Minnesota, in common with tbe great majority of tbe states, bolds that a conviction for sucb an offense may rest upon tbe uncorroborated testimony of tbe prosecutrix, unless, her testimony be discredited by facts and circumstances casting doubt upon its reliability. It is recognized, however, that tbe character of tbe offense is sucb that there is rarely any direct testimony other than that of the parties themselves; that tbe charge is not only difficult to prove, if true, but is extremely difficult to defend against, even if utterly untrue; and that, where tbe testimony of tbe parties is flatly contradictory, tbe jury should be cautioned to scrutinize, with care, all-the facts and circumstances disclosed at tbe trial, which tend either to corroborate, or to discredit, tbe testimony or claims of tbe one or tbe other. But, as consent is not a defense to sucb a prosecution, tbe rule, applied in prosecutions for rape, that suspicion is cast upon tbe claim of tbe prosecutrix by failure to make an outcry, or to make prompt complaint, or by tbe absence of facts and circumstances which indicate that a struggle has taken place, has no application in sucb cases.
Tbe instruction requested, as framed, is objectionable, in that tbe jury were liable to understand from it that corroboration going to tbe actual commission of tbe offense was essential to justify a conviction. Tbe charge repeatedly called tbe attention of tbe jury to tbe necessity of carefully considering all tbe facts and circumstances, disclosed at. tbe trial, which tended to indicate where tbe truth lay. It is too long to quote, and the cautionary expressions are interspersed throughout its entire length; but tbe following summary of tbe cautions given is sufficient to show that they were ample:
Tbe jury were told, in substance, that, to warrant a conviction, all tbe evidence, when carefully considered and weighed, must produce
The court, in cautioning the jury, gave as much of the substance of the caution embodied in the instruction requested as defendant was entitled to have given, and properly refused to give the instruction as framed.
Order affirmed.