Opinion

Rhine v. State

  • 336 P.2d 913
  • 1958 OK CR 110
  • 1958 Okla. Crim. App. LEXIS 232
Court
Court of Criminal Appeals of Oklahoma
Filed
Dec 3, 1958
Status
Published
On the bench
Brett, Powell, Nix
Cited by
23 cases

four patients’ testimony that the defendant physician had administered sleep-inducing drugs and then raped them was admissible to show a design, scheme or plan

How later courts described this case

  • four patients’ testimony that the defendant physician had administered sleep-inducing drugs and then raped them was admissible to show a design, scheme or plan
  • evidence admissible to show scheme or plan, and motive or intent

Written by the judges who cited it.

The opinion

On Rehearing

PER CURIAM.

On petition for rehearing, plaintiff in error vigorously contends the Court failed to take proper cognizance of the majority rule in this type case in regard to the admission of evidence of other offenses by plaintiff in error. It is conceded that the principle controlling the opinion in this case is a departure from the general rule. In fact, it is an exception to the rule dictated by the necessities of the situation with which we are confronted. The law is presumed to' be a shield of protection to the people, and not a refuge of rascality for him who commits a series of sex offenses, characterized by an abnormal design, plan or scheme of accomplishment, predicated upon a cunning breach of the highest professional trust and confidence, that between a doctor and his patient. In such cases, evidence is admissible of prior or subsequent offenses as part of the design, scheme or plan, bearing a peculiar mark of operation or accomplishment. The petition for rehearing is accordingly denied, and the mandate is ordered issued, forthwith.

NIX, J., dissents.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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