McCombs v. State

Ohio Supreme Court

McCombs v. State

8 Ohio St. (N.S.) 643

DecidedDecember 15, 1858

StatusPublished

This text of 8 Ohio St. (N.S.) 643 (McCombs v. State) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McCombs v. State, 8 Ohio St. (N.S.) 643 (Ohio 1858).

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Opinion

By the Court:

1. On a trial for rape, or for assault with intent to commit a rape, the acts and declarations of the husband of the woman on whom the offense is alleged to have been committed, are not admissible to discredit the wife examined as a witness. Jefferson v. The State, 6 Ired. Rep. 305.

2. Whatever may be the rule elsewhere, it is settled in Ohio, that in a prosecution for rape, or for assault with intent, etc., the “ substance of what the prosecutrix said,” or the “declarations” made by her immediately after the offense was committed, may be given in evidence, in the first instance, to corroborate her testimony. Johnson v. The State, 17 Ohio Rep. 593; Laughlin v. The State, 18 Ohio Rep. 99.

3. The character for chastity of the prosecutrix, in this class of cases,"cannot be impeached by evidence of particular acts of unchastity, but only by general evidence of her reputation in that respect. Nor can she be interrogated as to previous criminal intercourse with persons other than the accused himself; nor is such evidence of other instances admissible. Pleasants v. The State, 15 Ark. Rep. 624; Camp v. The State, 3 Kel. (Ga.) Rep. 417; State v. Jefferson, 6 Ired. Rep. 308; Rex v. Clark, 2 Stark. Rep. 241; People v. Jackson, 3 Park. Crim. Rep. 391; 1 Greenl. Ev. 596; 3 Greenl. Ev. 214; 3 Starkie Ev. 1270; 2 Phil. Ev. 419.

Judgment affirmed.

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By the Court:

1. On a trial for rape, or for assault with intent to commit a rape, the acts and declarations of the husband of the woman on whom the offense is alleged to have been committed, are not admissible to discredit the wife examined as a witness. Jefferson v. The State, 6 Ired. Rep. 305.

2. Whatever may be the rule elsewhere, it is settled in Ohio, that in a prosecution for rape, or for assault with intent, etc., the “ substance of what the prosecutrix said,” or the “declarations” made by her immediately after the offense was committed, may be given in evidence, in the first instance, to corroborate her testimony. Johnson v. The State, 17 Ohio Rep. 593; Laughlin v. The State, 18 Ohio Rep. 99.

3. The character for chastity of the prosecutrix, in this class of cases,"cannot be impeached by evidence of particular acts of unchastity, but only by general evidence of her reputation in that respect. Nor can she be interrogated as to previous criminal intercourse with persons other than the accused himself; nor is such evidence of other instances admissible. Pleasants v. The State, 15 Ark. Rep. 624; Camp v. The State, 3 Kel. (Ga.) Rep. 417; State v. Jefferson, 6 Ired. Rep. 308; Rex v. Clark, 2 Stark. Rep. 241; People v. Jackson, 3 Park. Crim. Rep. 391; 1 Greenl. Ev. 596; 3 Greenl. Ev. 214; 3 Starkie Ev. 1270; 2 Phil. Ev. 419.

Judgment affirmed.

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8 Ohio St. (N.S.) 643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccombs-v-state-ohio-1858.

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