4 S.D. 535 | S.D. | 1894
At the March term, 1893, of the circuit court in and for Lincoln county, plaintiff in eiror was convicted of the crime of rape upon the person of a girl then under the age of consent. The record is brought to this court for review upon a writ of error. Upon the trial Dr. J. M. Lewis was sworn and examined as a witness in behalf of the state. -He testified that a day or two after the offense was alleged to have been committed, he, then being the family physician, was called to see the girl, and he then made an examination of her person, and stated to the jury the result of such examination. Upon
Other questions of error are raised, but, as the same questions are not likely to occur on another trial, we do not discuss them. The judgment of the circuit court is reversed, and the cause remanded for a new trial.