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02/10/76 PEOPLE v. RILEY

February 10, 1976

PEOPLE
v.
RILEY



Appeal from Wayne, Peter B. Spivak, J.

Bronson, P. J., and R. B. Burns and D. E. Holbrook, Jr., JJ.

SYLLABUS BY THE COURT

1. -- Evidence -- Photographs -- Proper Foundation.

A proper foundation for the admission in evidence of a photograph is laid where an individual familiar with the scene photographed testifies that the photograph accurately reflects the scene photographed; there is no requirement that the photographer testify.

2. -- Rape -- Evidence -- Photographs.

A photograph of a rape victim may be admissible in evidence, even though the photograph was taken several days after the alleged rape and the complainant could not state how many days afterwards.

3. -- Evidence -- Photographs -- Admissibility -- Weight.

A defendant's objection to the admission of a photograph of a rape victim, on the grounds that the bruises depicted in the photograph were not shown to be inflicted during the alleged rape, is better directed at the weight than the admissibility of the evidence where the complainant testified that the photograph was taken several days after the incident and that the bruises shown in the photograph were related to the incident.

4. Appeal and Error -- Failure to Object -- Manifest InJustice -- Evidence -- Photographs -- Prejudice.

A defendant's claim that admission of a photograph in evidence was unduly prejudicial will be reviewed only to determine if manifest inJustice occurred where the defendant failed to object to the admission at trial.

5. Rape -- Evidence -- Photographs -- Woman's Bruises -- Prejudice -- Fair Trial.

A photograph of a woman's bruised backside, admitted in evidence in a rape case, is not so inflammatory and prejudicial as to deny a defendant a fair trial where the defense is the consent of the complainant.

6. -- Evidence -- Rape -- Hearsay -- Res Gestae Exception -- Excited Utterance -- Spontaneous Declaration.

A witness's testimony that the defendant's sister ran into a neighborhood store to use the telephone and that she shouted that her brother is hurting and raping some girl is admissible evidence in a rape case under the res gestae exception to the hearsay rule; the fact that the declarant went from her home to the store after discovering that her brother was raping a ...


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