Cook v. State
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Calvin T. Cotham, Judge; 1. Positive proof of specific acts of illicit intimacy is not required — general reputation is sufficient to show previous unchastity. 59 Kan. 237; 34 Id. 63; 77 Neb. 519; 47 N. J. L. 241; 59 Id. 1. 2. While previous chastity is presumed, the presumption of defendant’s innocence rebuts the former. 71 Ark. 398. 3. The verdict does not conform to Kirby’s Digest, § 2943. 4. Appellant was willing to marry the…
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Appeal from Garland Circuit Court; Calvin T. Cotham, Judge; 1. Positive proof of specific acts of illicit intimacy is not required — general reputation is sufficient to show previous unchastity. 59 Kan. 237; 34 Id. 63; 77 Neb. 519; 47 N. J. L. 241; 59 Id. 1. 2. While previous chastity is presumed, the presumption of defendant’s innocence rebuts the former. 71 Ark. 398. 3. The verdict does not conform to Kirby’s Digest, § 2943. 4. Appellant was willing to marry the prosecutrix — she refused. 5. Evidence that prosecutrix was an orphan was inadmissible and improper. 115 111. App. 1157; 131 Mich.…
1Opinion of the CourtHart, J.
This is an appeal from a judgment convicting Arthur Cook of the crime of seduction. In such cases, before a conviction can be had, it is necessary for the testimony of the prosecutrix to be corroborated bo,th as to the promise of marriage and the sexual intercourse. Rucker v. State, 77 Ark. 23; Lasater v. State, Ib. 468; Wilhite v. State, 84 Ark. 67; Cooper v. State, 86 Ark. 30; Rogers v. State, 101 Ark. 45.
Tested by this rule, a verdict of guilty was warranted by the evidence, and, the sufficiency of the evidence to support the verdict not being questioned, no useful purpose can be served by…
2Cases cited9 opinions
- Polk v. StateSupreme Court of Arkansas · 1883
- Lasater v. StateSupreme Court of Arkansas · 1906
- Carrens v. StateSupreme Court of Arkansas · 1905
- Turney v. StateSupreme Court of Arkansas · 1895
- Rucker v. StateSupreme Court of Arkansas · 1905
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3Cited by4 opinions
- Brooks v. StateSupreme Court of Arkansas · 1916
- Edgeman v. StateSupreme Court of Arkansas · 1931
- Smedley v. StateSupreme Court of Arkansas · 1917
- Milne v. MilneCourt of Appeals of Arkansas · 1979