Tuttle v. State
Supreme Court of Arkansas
Appeal from Benton Circuit Court; /. N Maples, Judge; 1. The testimony of the prosecuting witness herself, if it be conceded to be true, shows that appellant made no effort to have intercourse with her, and that, upon her objecting to his advances, he voluntarily desisted and left the closet.
Read the full summary
Appeal from Benton Circuit Court; /. N Maples, Judge; 1. The testimony of the prosecuting witness herself, if it be conceded to be true, shows that appellant made no effort to have intercourse with her, and that, upon her objecting to his advances, he voluntarily desisted and left the closet. Under the -instructions, he must have had the intention to use force before he could be convicted; hence, under both the evidence and the instruction, the jury -were not authorized to convict of assault with intent to rape. 70 S. W. 91; 78 S. W. 503. 2. There was reversible error in the remarks made by…
1Opinion of the CourtHire, C. J.
Tuttle was indicted and convicted of the crime of assault with intent to rape, and was sentenced to four years in the penitentiary, and has appealed.
1. The case developed on the part of the State in brief was this: Tuttle enticed Ella Collyer, a little girl of eleven years of age, into hi.s water closet, which was in his back yard in the town of Siloam Springs. After -getting her in there he locked the door, and made indecent proposals to her, placed his hand under her dress, and prepared himself to have sexual intercourse with her. The child objected to his advances, and began crying and…
2Cases cited6 opinions
- Sharp v. StateSupreme Court of Arkansas · 1888
- Anderson v. StateSupreme Court of Arkansas · 1905
- Coates v. StateSupreme Court of Arkansas · 1887
- Hammons v. StateSupreme Court of Arkansas · 1905
- Dallas Consolidated Electric Street Railway Co. v. McAllisterCourt of Appeals of Texas · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Rogers v. StateSupreme Court of Arkansas · 1974
- Bates v. StateSupreme Court of Arkansas · 1947
- McDaniel v. StateSupreme Court of Arkansas · 1984
- Midland Valley Railroad v. HamiltonSupreme Court of Arkansas · 1907
- Rosenberg v. District of ColumbiaDistrict of Columbia Court of Appeals · 1949
8 more not listed; retrieve them via the Exa API.