Paxton v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; 1. The crime made out was rape, or it was nothing. The verdict is a manifest compromise, not responsive either to the law or the facts.
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Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; 1. The crime made out was rape, or it was nothing. The verdict is a manifest compromise, not responsive either to the law or the facts. It is patent that the jury did not find the prosecuting witness worthy of belief, that they did not find beyond a reasonable doubt that the element of force was present, or their verdict must have been “guilty of rape,” because the other element, penetration, was admitted. 2. The testimony as to appellant’s beating and maltreating his wife was inadmissible. A party charged with one crime…
1Opinion of the CourtKirby, J.
The appellant was indicted for the crime of rape, and from the judgment of conviction of an assault with intent to rape, brings this appeal.
He admitted having sexual intercourse with the prosecuting witness at the time and place she claimed to have been raped, and testified that it was with her consent and co-operation. It is conceded, however, that the testimony is amply sufficient to sustain a conviction of rape, if believed.
It is contended for reversal that the court erred in giving certain instructions, in the admission of incompetent testimony, and that the verdict of the jury is…
2Cases cited9 opinions
- State v. ShepardSupreme Court of Connecticut · 1828
- State v. CrossSupreme Court of Iowa · 1861
- McCoy v. StateSupreme Court of Arkansas · 1885
- Younger v. StateSupreme Court of Arkansas · 1911
- Pratt v. StateSupreme Court of Arkansas · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Rogers v. StateSupreme Court of Arkansas · 1918
- Bradshaw v. StateSupreme Court of Arkansas · 1947
- Smith v. StateSupreme Court of Arkansas · 1953
- Noyes v. StateSupreme Court of Arkansas · 1923
- Begley v. StateSupreme Court of Arkansas · 1929
7 more not listed; retrieve them via the Exa API.