State v. Hammock
State v. Hammock
Opinion of the Court
The defendant was convicted of the crime -of rape, committed on a female under the age of consent.
We shall deal with the exceptions by groups rather than -.separately.
The court properly sustained the objections to the questions asked by counsel for defendant, as to whether the prosecutrix had ever -had sexual intercourse with anyone prior to the time she submitted to that relation with the defendant. The fact that this girl under the age of consent had had intercourse with other men, or even if she had become a common prostitute, would constitute no defense for the defendant. (Underhill on Cr. Ev., sec. 418; 10 Ency. of Ev., secs. 603 and 605; People v. Abbott, 97 Mich. 484, 37 Am. St. 360, 56 N. W. 862; Plunkett v. State, 72 Ark. 409, 82 S. W. 845; People v. Wilmot, 139 Cal. 107, 72 Pac. 838; People v. Johnson, 106 Cal. 293, 39 Pac. 622; State v. Hilberg, 22 Utah, 27, 61 Pac. 217.) If she was under the age of consent she could not have given legal consent to the violation of her person, and the fact that her person had been unlawfully and criminally violated by another would afford no justification for the defendant committing a like crime.
On the trial the state introduced evidence of statements and admissions made by Mrs. Hammock, the wife of defendant, some time after the commission of these several acts by him, in which Mrs. Hammock is reported as saying that she knew that the defendant had intercourse with the prosecutrix and that he had done so with other girls. The defendant objected to this evidence as hearsay and incompetent. The evidence was admitted on the theory that a conspiracy existed between the defendant Hammock and his wife, for the purpose of procuring girls to come to their house and thereby more easily enabling the defendant to have sexual intercourse with such girls. It is contended by the state that the conspiracy existed generally, and for the general purposes of illicit intercourse rather than specially with reference to any individual girl. In support of this position taken by the state the prosecutrix testified that Mrs. Hammock wrote for her to come and stay with the Hammocks and go to school, and the state produced a letter which corroborates this statement. The prosecutrix also testified that on the day of her arrival Mrs. Hammock told prosecutrix that Hammock would come to her bed that night and from time to time thereafter, and that she must submit to his wishes, and that if she did not she could not stay there. The evidence also shows that the prosecutrix is the niece of the Hammocks, and had no money with which to pay the fare back to her father’s or to secure
The evidence submitted by the state was sufficient to justify the jury in finding that the prosecutrix, Mary Lois Jones, was under the age of consent at the time of the commission of the alleged crime.
The evidence as to the commission by the defendant of other like crimes was not inadmissible, as it occurred in this case. This evidence developed while the state was proving
We find no error that calls for a reversal of this judgment. The judgment should be affirmed, and it is so ordered.
Reference
- Full Case Name
- STATE v. MARSHALL HAMMOCK
- Cited By
- 22 cases
- Status
- Published
- Syllabus
- Bape — TJnchastity—Other Oeeenses — Conspiracy to Commit Bape— Evidence oe Co-conspirator. (Syllabus by the court.) 1. On a trial for rape, where the female was under the age of consent at the time of the commission of the offense, evidence as-to the chastity of the prosecutrix, or that she had previously had' sexual intercourse with other men, is not admissible. 2. Where a conspiracy existed between defendant and his wife-for the purpose generally of procuring girls to have sexual intercourse with defendant, a statement or declaration made by the wife subsequent to the commission of a specific act, and during the existence of the common design, is admissible against the defendant as a declaration from a co-conspirator. 3. Evidence of the common purpose to commit like crimes on other girls and the commission of such offenses by the defendant held admissible under the circumstances of this case, as incidents in the commission of the common criminal design included in the conspiracy. 4. Alleged errors in the admission and rejection of evidence examined, and held, that no substantial right of defendant has been prejudiced by the rulings of the court.