Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-05

may furnish evidence of the CORDS
deIicti-they may indicate that a
crime has been committed. but there
must be proof of the fact from some
source other than that of the de-
PENDANTS admissions The court
cites other examples and then refer
IN to the case under consideration
says: Laying aside the evidence IF
defendants admissions, there is moth
ing whatever in the record even point
ing toward the commission of
crime" (See also People VS. Jones 81
Cal SCI: State VS. Lamb % Mo PIG.
State VS. Guild 10 N. j. L. $50, rs Am.
Dec 414.)
In the case Of the State VS.. All
Chuey, IA New. 81, this Court held that
proof Of the corpus deficit may re
established by circumstantial evil
dence, provided it is satisfactory
IN the case before lis we think there
was competent evidence independent
IF tn admissions of the defendant
tending to establish the corpus deficit
DR.. Pache testified that On Saturday
Sour days after the alleged offense
was committed, he made an examina-
ton of the person Of the complain
to be but slightly over fifteen years
of age; that he found that her hym az
was inflamed and at some time evil
IDENTIFY had been iacerate ed, that the
young lady was rather hySterical ana
would only permit Occulsr inspection
and digital examination on account
of the extreme tenderness of the
parts. He further testified: From
the evidence | found | would state
that in all probability that Miss Aytc-
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 noon of October 4th,
testified that she was then agitated
and nervous and appeared to haze
been crying; that he observed marks
of violence upon her nose and upper
lip: that she showed him marks m
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, te5-
tilted to observing on the evening Of
October 4th. marx upon the nose
and on the side af complainant S
throat, apparently scratches.
| 1t also may be gathered from the
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 Is:
! sault, occupying box car as HON ,
! fthe defendant being in the employ
of the railroadD the defendants wife
mother of the complainant being alb
| sent. and the complainant being left
in defendants care.
| We think these facts and circuln
stances tended to prove the corpus
deficit and were sufficient together
with the defendants admission to
! justify the magistrate in holding the
defendant to answer.
We are not called upon, on this
hearing, to pass upon the sufficien,y
Of this evidence to warrant the con
viction of the defendant, and upon
that question express no opinion. In
this connection it is proper to OBJ
serve that a magistrate in holding 2
defendant to answer for a crime, is
|
dence sufficient to establish the guilt
Of the person charged beyond a rea
| sOnable doubt. AS was said in .e
cent decision, In re Mitchell (Cal
App 50 Pac. 347, I'm order to hold
defendant and put him on his trial
the committing magistrate is not re-
quired to find evidence sufficient td
warrant a conviction. All that is re
auired is that there be sufficient
legal evidence. to make it apr ear tina;
"a public offehse has been committed
and there is sufficient cause to be
lieve the defendant guilty. thereof I"
/ The writ issued herein is dismissed
| - Norcross. J.
We concur:
Fitzgerald, C. J.
Talbot, J.
Filed December Is. 1895.
w. G.. Douglass, Clerk
By J. ". Legate, Deputy.