Legal Opinion

Bussey v. State

Supreme Court of Arkansas

Decided July 13, 1901PublishedCited by 26 opinions

Appeal from Ouachita Circuit Court. ChaRles W. Smith, Judge. STATEMENT BY THE COURT. On the 20th day of May, 1901, the grand jury of Ouachita county returned an indictment against Will Bussey, charging him with having, on the 16th day of the same month, committed the crime of rape upon one Clara Watson. Attorneys were appointed by the court to assist the defendant, Bussey, on his trial.

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Appeal from Ouachita Circuit Court. ChaRles W. Smith, Judge. STATEMENT BY THE COURT. On the 20th day of May, 1901, the grand jury of Ouachita county returned an indictment against Will Bussey, charging him with having, on the 16th day of the same month, committed the crime of rape upon one Clara Watson. Attorneys were appointed by the court to assist the defendant, Bussey, on his trial. The defendant, through his attorneys, asked the court to postpone the trial in order to give him time to prepare for the defense, and, further, on the ground that public sentiment was so inflamed against…

1Opinion of the Court

Riddick, J.,

(after stating the facts). The defendant in this ease was tried and convicted of the crime of rape. The conviction rests almost entirely on the testimony of the prosecuting witness, Clara Watson, and the only question we need consider on this appeal is whether the circuit court erred in refusing to grant a new trial on the ground of newly discovered evidence to the effect that the prosecuting witness had since the trial made a written retraction of her testimony against the defendant, and admitted that it was false, and the defendant innocent. It is now well settled that courts do…

2Cited by26 opinions

  1. Martin v. United StatesCourt of Appeals for the Fifth Circuit · 1927
  2. Powell v. CommonwealthSupreme Court of Virginia · 1922
  3. State v. PowellWashington Supreme Court · 1909
  4. Whittaker v. StateSupreme Court of Arkansas · 1927
  5. Partlow v. StateIndiana Supreme Court · 1924

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