25 N.M. 20 | N.M. | 1918
OPINION OP THE COURT.
The appellant, Whitener, was convicted of statutory rape, and he appeals.
The authorities are almost unanimous that such evidence is admissible in prosecutions for statutory rape. 33 Cyc. 1483. In State v. Robinson, 32 Or. 43, 448 Pac. 357, the court says:
“It Is next insisted that the court was in error in allowing the prosecution to give evidence tending to show more than one act of criminal intercourse between the defendant and the prosecutrix. The reason assigned for the objection to this testimony is that it violates the rule which prohibits evidence of a distinct crime unconnected with that alleged in the indictment to be given against the prisoner. As a general rule, the principle invoked is unquestioned, although there are in fact -many exceptions, which it is unnecessary to attempt to point out at this time, as the authorities fully sustain the competency of the evidence offered and admitted in this case, not for the purpose of proving a different offense, but to show the relation and familiarity of the parties, and as corroborative of the prosecutrix’s testimony concerning the particular act relied upon for a conviction. Strang v. People, 24 Mich. 6; People v. Abbott, 97 Mich. 484, 556 N. W. 862 (37 Am. St. Rep. 360); Com. v. Merriam, 14 Pick. (Mass.) 5518; Hardtke v. State, 67 Wis. 552, 30 N. W. 723; Taylor v. State, 22 Tex. App. 5529, 3 S. W. 753 (58 Am. Rep. 656); People v. O’Sullivan, 104 N. Y. 481, 10 N. E. 880 (58 Am. Rep. 530).”
Tbe defendant questions tbe sufficiency of tbe state’s evidence to prove tbe corpus delicti. "We bave read tbe evidence carefully and find no basis for that conclusion. Tbe details of the prosecutrix’s testimony were such as to convince one that she knew wbat she was talking about, and if she bad had a long period of experience, as she testified, of tbe same kind, at defendant’s bands, any doubts arising from innocent ignorance concerning such matters must, long before tbe commission of tbe act charged, bave vanished.
The point is made that this was a confession, made under duress, but as no duress was shown, as the confession was purely voluntary, and as the defendant was not in custody, there seems to be no valid objection to it.
Finding no error, the judgment of the lower court will be affirmed, and it is so ordered.