Coates v. State
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. Jno. S. Little, Judge. 1. To constitute the crime of rape, two things must be proven beyond a reasonable doubt ,• first, force, and second, actual penetration.
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APPEAL from Sebastian Circuit Court. Jno. S. Little, Judge. 1. To constitute the crime of rape, two things must be proven beyond a reasonable doubt ,• first, force, and second, actual penetration. The testimony tends to disprove penetration at all, at the time charged in the indictment; the evidence fails to establish that force was used. 2. By the fourth instruction the jury were told that penetration alone was sufficient to warrant a conviction of rape, thus excluding the questions of consent and force. This standing alone was erroneous, and, taken in connection with other instructions, was…
1Opinion of the CourtCockrill, C. J.
1. Criminal: Insanity as an excusecrime. The appellánt was indicted for rape and was convicted. The victim was his daughter, a damsel ten years of age. His defence was insanity. The proof to sustain it was meagre. The charge of the court upon this subject was in accord ¡with Casat v. State, 40 Ark., 511, where it was announced that a defendant who relies upon insanity as an excuse for crime must prove the fact by a preponderance of evidence. We are asked to reverse this rule, and counsel are encourged to press the point because the decision in that case was by a divided court. We are aware…
2Cases cited10 opinions
- People v. McDonaldMichigan Supreme Court · 1861
- State v. CrossSupreme Court of Iowa · 1861
- Crosswell v. PeopleMichigan Supreme Court · 1865
- Boos v. EwingOhio Supreme Court · 1848
- McCutcheon v. Common CouncilMichigan Supreme Court · 1880
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3Cited by17 opinions
- Bell v. StateSupreme Court of Arkansas · 1915
- State v. LewisNevada Supreme Court · 1889
- Parker v. StateSupreme Court of Arkansas · 1980
- Hart v. WimberlySupreme Court of Arkansas · 1927
- Hammons v. StateSupreme Court of Arkansas · 1905
12 more not listed; retrieve them via the Exa API.