Mell v. State
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; Thos. C. Trimble, Judge; 1. The sanity or insanity of the prosecutrix was material to the defense. It was error to refuse to allow defendant to introduce testimony to show the insanity of the mother and sister of the prosecuting witness. The court’s remarks were prejudicial. 54 Ark. 489; L. It. A. (N. S.) 1917 E. 857; Ann.
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Appeal from Arkansas Circuit Court; Thos. C. Trimble, Judge; 1. The sanity or insanity of the prosecutrix was material to the defense. It was error to refuse to allow defendant to introduce testimony to show the insanity of the mother and sister of the prosecuting witness. The court’s remarks were prejudicial. 54 Ark. 489; L. It. A. (N. S.) 1917 E. 857; Ann. Cas. 1917 B. 1054; 62 Ark. 126; 51 Id. 147. 2. It was error to adjourn court to the hotel. 3. The court erred in its instructions to the jury. 1. There was no error in refusing to admit evidence as to the insanity of the sister and mother…
1Opinion of the CourtHart, J.
C. W. Mell prosecutes this appeal to reverse a judgment of conviction against him for the crime of assault with intent to rape. His punishment was fixed by the jury qt a term of three years in the State penitentiary and the evidence adduced for the State was sufficient to warrant the verdict. On the other hand the testimony of the defendant exonerated him from the charge.
The record shows that the prosecuting attorney at the beginning of the trial asked that the court be adjourned to a hotel situated in the town near the court house for the purpose of taking testimony of the prosecuting…
2Cases cited8 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Dunn v. StateSupreme Court of Arkansas · 1840
- People v. EnrightIllinois Supreme Court · 1912
- Williams v. ReutzelSupreme Court of Arkansas · 1895
- Lee v. StateSupreme Court of Arkansas · 1892
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3Cited by19 opinions
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- Red Bud Realty Co. v. SouthSupreme Court of Arkansas · 1920
- Commonwealth v. TrinkleSupreme Court of Pennsylvania · 1924
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