Frost v. State
Mississippi Supreme Court
Appeal from the cirucit court of Wayne county. Hon. John L. Buckley, Judge. Jim Frost was convicted of rape and appeals. The facts are fully stated in the opinion of the court. Nothing is better settled by this court than the proposition that in a case of this kind the state may show prosecutrix complained soon after the assault' was committed upon her, but it must not be permitted to give the particulars of her complaint or that she charged the defendant with the wrong.
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Appeal from the cirucit court of Wayne county. Hon. John L. Buckley, Judge. Jim Frost was convicted of rape and appeals. The facts are fully stated in the opinion of the court. Nothing is better settled by this court than the proposition that in a case of this kind the state may show prosecutrix complained soon after the assault' was committed upon her, but it must not be permitted to give the particulars of her complaint or that she charged the defendant with the wrong. This is a wise and beneficent rule, but it is absolutely nullified by the action of the trial court. The court and lawyers…
1Opinion of the Court
Whitfield, C.
The testimony in this case is vague and inconclusive to the last degree. The prosecutrix contradicts herself on one of the most vital points. In this extremely close case on the facts, the court permitted some half dozen witnesses to testify to what prosecutrix told them about all the details of the alleged offense, and all about the locality where the offense was alleged to have been com*799mitted — the condition of the ground and other things. What these witnesses testified to was nothing that they had any personal knowledge of; but the prosecutrix took them down to the place where…
2Cited by9 opinions
- Carr v. StateMississippi Supreme Court · 1968
- Lewis v. StateMississippi Supreme Court · 1938
- Clark v. StateMississippi Supreme Court · 1921
- Redding v. StateMississippi Supreme Court · 1951
- Smith v. StateMississippi Supreme Court · 1981
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