Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-11-29
LAW COURT SUSTAINS EXCEPTIONS or
KING IN SOMERSET COUNTY RAPE CASE

Rescripts were handed down by
the law court Wednesday in three
cases, one each from the counties
of Somerset, Androscoggin and Pe-
nobscot counties.
Somerset Case
The exceptions of the respondent
are sustained in the Somerset coun-
ty case of State VS.. William King. ,
The rescript, which was drawn by
Associate Justice Scott Wilson OF
Portland, is as follows:
In a trial for attempted rape upon
a child nine years of age. The state
offered the evidence not only OF the
complainant that she made complaint
to her mother. but also the evidence
of her mother not only of the fact
that a complaint was made, but also
the details Of it.
The state offered the evidence of
the mother as to the details of the
complaint as a part of the res gestae
which was received and its admission
excepted to by the respondent. Held:
That 1t cannot be sustained as q
part of the res gestae. The alleged
complaint was made not Immediately
after tho last commission of series
of acts of the nature described, but
at least a week afterwards: not vol
UNFAIRLY, but in response to certain
inquiries by the mother suggested
by an incident entirely disconnected
with the offense charged. 1t was at
most q mere narrative of past
transaction.
Nor can the admission Of the testi-
mony of the mother be sustained
upon the ground that it would have
been admissible in rebuttal to cor
roborate the complainant after i'm
parchment, and hence its admission
was not prejudicial error.
The evidence does not disclose any
impeachment of the compliments
testimony. Mere denial by the res
pondent does not constitute such
impeachment as will permit in cor
roboration of the complainant's tes-
timony the Introduction through an
other witness of the details of her
complaint.
The admission of such testimony
can not help but affect the minds
of jurymen in some degree. The res
pondent has the right to insist that
his conviction shall be in accordance
with the established rules of evil
dence. To establish such q loose rule
as that invoked by the State at the
trial may be fraught with grave dan
ger.
Androseoasin Case
The motion of the plaintiff is sus-
tanned and a new trial granted in the
Androscoggin county case of the En-
pire Cream Separator Company VS..
George n. Curtis.
The fescript, which was drawn by
Associate Justice Scott Wilson Of
| Portland, is as follows:
r. Action of assumpsit to recover for
| the sale and delivery of certain
| milking machines and accessories Of
| the value according to the account
annexed, less certain reductions ad-
mitted by the plaintiff, of twenty
three hundred and seventy-two dol
| lars and thirty cents. The jury
| awarded verdict for eight hun
bred and fifty-one dollars and ninety
eight cents. The case comes up on
a motion by the plaintiff for a new
| trial.
The only defenses urged by the
| defendant are one amounting to re-
| EQUIPMENT, though not pleaded, and
| a collateral agreement to take back
| all unsold machines, entered into af-
ter the contract of SALE.
HELD:
That the evidence to sustain the
second defense is wholly inadquate,
| was clearly of the nature of dealers
| Cr1lhp anO, ItliCLs lI6 dlicgGu COL
lateral agreement was without any
consideration, and was evidently dis
regarded by the jury; as upon this
defense. is sustained. the plaintiff
could in no event have recovered
! more than two hundred and forty.sfx
dollars;
That the jury's verdict must have
been based on a right of recoupment
for an alleged failure to furnish aid
In selling the machines In accordance
with the agreement of sale; that if
this defense were available under
the pleadings, the damages allowed
by the Jury for the breach and re-
equipment are clearly excessive.
Hence upon any view of the case
the verdict was clearly wrong and
the entry must be.
, PenObscOt Case
The appeal of the insurer II sus-
tanned in Lucy Hutchin's case from
Penobscot country and the case Is
recommitted to- the Industrial Ac-
cident Commission for further hear
/ ing.
The rescript, which was drawn by
Associate Justice Scott Wilson of
Portland. is as follows:
Where an employer files an assent
=