Evidence – Statutory Rape – Right of Accused to Compulsory Blood Test of Prosecutrix and Child

Defendant was convicted of statutory rape on the strength of complaining witness’ uncorroborated testimony. Testimony of the prosecutrix was to the effect that she had had sexual relations with defendant only once, that she had become pregnant and had given birth to a child prior to the trial, and that she had had sexual relations with no other men. Defendant moved for an order requiring that blood tests be taken of the child and the mother. The motion was denied. On appeal, held, affirmed. Assuming power, absent statute, to compel the taking of blood-grouping tests, the trial court did not err since defendant did not offer to submit himself to the test and without him the tests could prove nothing. Furthermore, the record did not reveal the date of birth, present existence of, or jurisdiction of the court over, the child. State v. Eli, (N.D. 1954) 62 N.W. (2d) 469.