Hall

(dissenting). The court below, in submitting to the jury the question whether the defendant committed the act with which he was charged, limited them to the evidence other than that furnished by Charlotte Geis, and instructed them that the testimony of the latter was admitted for but one purpose, which was its tendency to show the intent of the defendant, and further instructed them that they must eliminate from their consideration all testimony of Charlotte Geis, and, having done so, must determine from the remaining testimony whether or not the defendant committed the act charged in the indictment. The court said: “For this purpose the testimony of the witness Charlotte Geis can be of no avail, and the same must be entirely eliminated from your consideration.”

It thus appears that the testimony of Charlotte Geis was admitted solely for its bearing upon the question of the intent of the defendant in doing the act which was the substance of the charge against him. There was a logical connection between the two acts from which it might be said that proof of the one tended to establish the other. Such evidence should not be rejected where the mind plainly perceives that the…

Plaintiff in error was convicted of the crime of an unlawful assault upon the person of one Selma Lappi upon the 24th of September, 1914, at Fairbanks, Alaska. He was sentenced to imprisonment and to pay a fine. This writ of error is brought to reverse the judgment.

Prosecuting witness was 9 years old. She had been treated and operated upon by the defendant, who was a physician, for a disease of the glands of her neck. She testified, in substance, that after the operation she often went to the defendant’s office for the purpose of having the bandages upon her neck changed; that upon one occasion, after the doctor had attended to the bandages on her neck, he took her into his lap and with his hand took liberties with her person, and that after the occurrence she complained to her mother.

Over the objection of the defendant the prosecution was permitted to introduce the evidence of Charlotte Geis, a child under 10 years of age, who said, in substance, that about August, 1912, or 33-months before the timé of the trial of this defendant, she had been into Dr. Hall’s office at'Fairbanks with her little brother, and that upon one occasion about that time, after the doctor had treated…