# People v. Mayes

> California Supreme Court · April 23, 1885 · 66 Cal. 597

URL: https://www.frixlaw.com/law-library/cases/5442047

## Case

- **Full name:** THE PEOPLE v. E. MAYES
- **Court:** California Supreme Court
- **Decided:** April 23, 1885
- **Citations:** 66 Cal. 597; 6 P. 691; 1885 Cal. LEXIS 510
- **Precedential status:** Published
- **Opinion:** Concurrence by McKinstry
- **Judges:** McKinstry, Morrison, Thornton
- **Cited by:** 51 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5442047

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5442047. Public record. Not legal advice.