Stewart

People v. Stewart

Good Law
1890 Cal. LEXIS 891·85 Cal. 174·24 P. 722
Supreme Court of CaliforniaAugust 1, 1890No. 20655California644 words

Opinion

Lead Opinion

McFarland, J.

Defendant was indicted for and convicted of the crime of an assault with intent to commit rape upon the person of one Myrtle Collins, “a female *175 child under the age of fourteen years.” He appeals from the judgment, and from an order denying him a new trial.

The appellant relies, among other grounds for reversal, upon the alleged error of the trial court in admitting evidence tending to show lewd, immoral, and indecent conduct of appellant with persons other than-said Myrtle Collins, and tending to show lewd acts and occurrences between appellant and such other persons. The evidence of the prosecution, with the exception of the testimony of Myrtle Collins herself, consisted almost entirely of the testimony of five or six witnesses, to the effect that appellant had been guilty of lewd conduct with several other young girls, and tending to show that he endeavored to corrupt said other girls, and that he had sexual intercourse with some of them. This evidence was objected to by appellant, who took proper exceptions to its admission. The admission of this evidence was clearly reversible error. There is no general rule more firmly settled than that the prosecution cannot prove the…

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