Stillwater State Prison. Case Files (Discharged Inmate Files)
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Hallam, J. and Dibell, J.,
Dissenting.
State of Minnesota,
Respondent
22590 –-vs—
Max Mason,
Appellant.
SYLLABUS
1. The constitution of this state provides that no person shall be compelled
in any criminal case to be a witness against himself. Under this provision a man
cannot be compelled to give evidence against himself before a grand jury, but
one called before a grand jury investigating a particular crime may be indicted
on the evidence of others, so long as he is not compelled to give evidence
against himself. No constitutional right of the defendant in this case was
impaired.
2. The identification of defendant as one of those engaged in the
commission of a crime charged was sufficient. Identification may be sufficient
though the person making it cannot remember the face of the person identified.
Identification based upon other peculiarities may be reasonably sure.
3. In
a prosecution for rape evidence is admissible that the defendant had a venereal
disease and that the complainant soon after the alleged commission of the crime
contracted the same disease. The evidence in this case as to the time when
defendant and complainant had such a disease is sufficient to render it
admissible.
4. In a prosecution for rape, penetration may be proven by
circumstantial evidence. The evidence of penetration in this case was
sufficient.
Affirmed.