Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-12-27

may furnish evidence cf the corpJs
delicti-they may indicate that 4
crime has been committed. but there
fdtt4E he bSbof nc thu fact IRON some
|sOurce other than that Of the de-
|fendantsa AdmissionsssA The court
/ cites other examples and then refer
in to the case under consideration
says: Laying aside the evidence Of
defendants admissions, there is moth
ing whatever in the record even point
ing toward the commission of a
crime" (See also People vs. Jones 81
Cal $50; State VS. Lamb % Mo. 219.
State vs. Guild 10 N. j. L. $50. rs Am.
Dec. ,414.l ~
In the case Of the State VS.. All
Chuey, IA New. 90, this Court held that
proof fof the corpus deficit may be
ablished BY circumstantial evil
dence. provided it is satisfactory"
| In the case before us we think there
was competent evidence independent
Of tn admissions of the defendant
tendingCto establish the corpus delicti
DIR. Pache testified that on Saturday
four days after the alleged offense
was committed. he made an examina-
ton of the person of sthe complain
ant, Harriet Averill. who is shown
to be but slightly over, fifteen years
of age; that he found that her hymen
was infiamed and at some time evil
IDENTIFY had been lacerated; that the
young lady. was rather hysterical and
would only permit occular inspection
and digital examination on account
of the extreme tenderness of the
parts. He further testified: From
the evidence 1 found would state
that in all probability that Miss Aver
i'll at some time had had intercourse
with a member of the opposite SEX"
There was other testimony of the
witness relative to what appeared 10
be blood stains upon the complain
| ants skirt
| The witness Hance, who saw the
| complainant at neon of October 4th,
testified that she was then agitated
and nervous and appeared to have
been crying; that he observed marks
of violence upon her nose and upper
| lip; that she showed him marks up-
on her wrists; also, a mark on the
| side of her throat and that her throat
| seemed to be swollen and red
The witness Lovegrove, also, tes-
titled to observing on the evening Of
October 4th, marx upon the nose
and on the side nf complainant
| throat, apparently scratches
1t also may be gathered from the
1 evidence that the defendant, a man
of but twenty-one years of age, AMI
the complainant, his step-daughter,
were at the time of the alleged as
sault, occupying box car as a home
(the defendant being in the employ
of the railroad) the defendants wife
mother Of the complainant being alb
sent, and the complainant being left
in defendants care.
i We think these facts and circuin
stances tended to prove the corpus
(ideiicti and were sufficient together
with the defendants admission to
Justify the magistrate in holding the
defendant to answer.
4 We are not called upon. on this
hearing, to pass upon the sufiiciency
LOT this evidence to warrant the con
vfction of the defendant, and upon
that question express no opinion. In
this connection il. Is proper to OBJ
tserye. that = magistrate in holding a
defendant to answer for a crime. is
] not required to- have submitted evi.
dence sufficient to establish the guift
Of the person. charged beyond a rea
sOnable doubt. AS was said in a ie
cent decision, In re Mitchell Zeal.
App.) So Pac.a BAT, Tin order to hold
defendant and put him on his trial,
the committing magistrate is not re-
lquired6 to find evidence sufficient "a
warrant D. conviction. All that is re
quired is that there be . sufficient
legal evidence to make it appear tina;
"a public. offense has been committed
and there H. sufficient cause to be
lieve the defendant guilty thereof +"
l. TIE writ issued herein is dismissed
j ,g,,,.~ Norcross. ]. a,
We concur.
j Fitzgerald. c. ).
II Talbot, J. t. , n
: Filed December IL. 1906
II W. G. Douglass, Clerk
II BY J, w. Legate Deputy,