The opinion
McKinstry, J., concurring
I concur in the judgment. In my opinion the court erred in giving the instruction commented on by Mr. Justice Thornton, and in permitting the prosecutrix, *602 on her direct examination, to explain why she did not sooner make complaint of the alleged outrage. The declarations of the prosecuting witness, except so far as they simply constituted a complaint of her injury, were incompetent; but I think the record fails to show that exception was taken to the testimony.
Myrick, J., dissented from the judgment, and from the reasons given therefor.
Rehearing denied.