State v. Wampler

3 Citing cases

  1. State v. Reinhold

    123 Ariz. 50 (Ariz. 1979)   Cited 28 times
    Construing article VI, section 27, of the Arizona Constitution and according deference to recent cases from the State of Washington interpreting an identical provision of its state constitution

    In this opinion, we are in accord with recent cases from the state of Washington interpreting an identical provision of their state constitution. State v. Wilder, 4 Wn. App. 850, 486 P.2d 319 (1971); State v. Wampler, 3 Wn. App. 378, 475 P.2d 316 (1970); State v. Mellis, 2 Wn. App. 859, 470 P.2d 558 (1970). State v. Bradley, supra, is hereby overruled to the extent that it deviates from this position."

  2. State v. Settle

    111 Ariz. 394 (Ariz. 1975)   Cited 37 times
    Holding that evidence that the defendant sought to silence a witness was relevant to show consciousness of guilt

    In this opinion, we are in accord with recent cases from the state of Washington interpreting an identical provision of their state constitution. State v. Wilder, 4 Wn. App. 850, 486 P.2d 319 (1971); State v. Wampler, 3 Wn. App. 378, 475 P.2d 316 (1970); State v. Mellis, 2 Wn. App. 859, 470 P.2d 558 (1970). State v. Bradley, supra, is hereby overruled to the extent that it deviates from this position.

  3. State v. Thomas

    9 Wn. App. 160 (Wash. Ct. App. 1973)   Cited 14 times

    Corroboration of the complaining witness is no longer necessary, State v. Clayton, 32 Wn.2d 571, 202 P.2d 922 (1949), and whether the act was performed willingly with the consent of the woman is a question of fact for the jury to decide from all the evidence. State v. Bridges, 61 Wn.2d 625, 379 P.2d 715 (1963); State v. Wampler, 3 Wn. App. 378, 475 P.2d 316 (1970); State v. Mellis, 2 Wn. App. 859, 470 P.2d 558 (1970). Reluctant submission does not imply consent, Hazel v. State, 221 Md. 464, 157 A.2d 922 (1960); nor is the extent of resistance or lack of resistance by the woman other than an item of evidence to be considered by the jury along with all other evidence which bears upon willingness and consent.