Clark v. State
Mississippi Supreme Court
Appeal from circuit court of Tallahatchie county. Hon. W. E. Stone, Judge. Flem Clark was convicted of assault with intent to rape, and he appeals. The next assignment of error is that the court erred in .receiving, over objection of appellant, the testimony of W. E. Cross and Georgia Miller, for the state, as to the acts and statements of the prosecutrix in identifying the appellant and relating the alleged commission of the crime.
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Appeal from circuit court of Tallahatchie county. Hon. W. E. Stone, Judge. Flem Clark was convicted of assault with intent to rape, and he appeals. The next assignment of error is that the court erred in .receiving, over objection of appellant, the testimony of W. E. Cross and Georgia Miller, for the state, as to the acts and statements of the prosecutrix in identifying the appellant and relating the alleged commission of the crime. That these witnesses could not testify that the prosecutrix detailed to them the .occurrence or the identity of the person charged with the crime is so well…
1Opinion of the CourtHolden, J.
The appellant, Flem Clark, was tried and convicted for an assault with intent to rape Susie Miller, a female child under the age of twelve years, and sentenced to a term of fifteen years in the penitentiary.
We shall refrain from stating the unsavory details of the offense as shown by the record; the testimony of the female assaulted was ample for conviction, when considered together with the corroborating proof in the case. However,, the record shows that at the trial of the case the witness Georgia Miller, mother of the prosecutrix, Susie Miller, was permitted, over the objection of the…
2Cases cited1 opinion
- Frost v. StateMississippi Supreme Court · 1911
3Cited by8 opinions
- Carr v. StateMississippi Supreme Court · 1968
- Bonds v. StateMississippi Supreme Court · 1932
- Redding v. StateMississippi Supreme Court · 1951
- Smith v. StateMississippi Supreme Court · 1981
- Fairley v. StateMississippi Supreme Court · 1955
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