Hawthorne v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Jno. W. Wade, Judge; 1. The evidence is conflicting and very unsatisfactory. There is no positive testimony against defendant except the girl’s. The jury did not believe him guilty or they would have found the death penalty. The proof of identity is very uncertain — the girl was mistaken. The evidence fails to identify defendant as the criminal.
Read the full summary
Appeal from Pulaski Circuit Court; Jno. W. Wade, Judge; 1. The evidence is conflicting and very unsatisfactory. There is no positive testimony against defendant except the girl’s. The jury did not believe him guilty or they would have found the death penalty. The proof of identity is very uncertain — the girl was mistaken. The evidence fails to identify defendant as the criminal. The description is conflicting and uncertain. 2. An alibi was proven. 3. A new trial should have been granted for newly discovered evidence. 4. The court erred in instructions 13 and 20. They were prejudicial. 1. The…
1Opinion of the CourtSmith, J.
Appellant prosecutes this appeal to reverse a judgment of the trial court sentencing him to life imprisonment for the crime of rape, alleged to have been committed upon the person of Carl Bowman, a seventeen year old girl, on the night of February 11, 1918. Miss Bowman had gone on an automobile ride on the West 12th street pike out of the city of Little Bock with Gladys Terhune, her companion, a girl of her own age, and two young men about grown. After driving several miles out of town they turned around to return, when a report was heard, which the occupants of the car mistook to be a…
2Cases cited7 opinions
- Kelley v. StateSupreme Court of Arkansas · 1918
- Osborne v. StateSupreme Court of Arkansas · 1910
- Russell v. StateSupreme Court of Arkansas · 1910
- Ware v. StateSupreme Court of Arkansas · 1894
- Young v. StateSupreme Court of Arkansas · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Pate v. StateSupreme Court of Arkansas · 1944
- Morris v. StateSupreme Court of Arkansas · 1920
- Leggett v. StateSupreme Court of Arkansas · 1959
- Walker v. StateSupreme Court of Arkansas · 1930