Davis v. State
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; James 8. Steel, Judge; Instruction 1 given by the court, correctly declared the law. C. & M. Dig. § 2720. Its instructions 2, on the credibility, of witnesses, and 3, relative to the credibility of the appellant as a witness, were correct. This court will not reverse because the credibility of the defendant is made the subject of a separate instruction. There was no proof on which to base instruction 5 requested by appellant.
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Appeal from Sevier Circuit Court; James 8. Steel, Judge; Instruction 1 given by the court, correctly declared the law. C. & M. Dig. § 2720. Its instructions 2, on the credibility, of witnesses, and 3, relative to the credibility of the appellant as a witness, were correct. This court will not reverse because the credibility of the defendant is made the subject of a separate instruction. There was no proof on which to base instruction 5 requested by appellant. It was not error to refuse it. 21 Ark. 69; 23 Id. 731; 217 S. W. (Ark.) 779. Instructions should not be based on rejected testimony. 14…
1Opinion of the CourtHumphreys, J.
Appellant was indicted, tried and convicted in the Sevier Circuit Court for the crime of carnal abuse, and as punishment therefor sentenced to serve a period of two years in the ¡State penitentiary. Prom the judgment of conviction an appeal has been duly prosecuted to this court.
According to the evidence adduced in behalf df the State, appellant had sexual intercourse with Nina Olmstead, a female under the age of sixteen years, on the night of the 26th day of April, 1920, in his home where she was employed to wait upon appellant’s wife during her illness occasioned by childbirth.
In the course…
2Cases cited7 opinions
- Vaughan v. StateSupreme Court of Arkansas · 1894
- McAlister v. StateSupreme Court of Arkansas · 1911
- Pleasant v. StateSupreme Court of Arkansas · 1855
- Plunkett v. StateSupreme Court of Arkansas · 1904
- Peters v. StateSupreme Court of Arkansas · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hill v. StateSupreme Court of Arkansas · 1972
- Mays v. StateSupreme Court of Arkansas · 1924
- Rowe v. StateSupreme Court of Arkansas · 1922
- McDonald v. StateSupreme Court of Arkansas · 1922
- Smith v. StateSupreme Court of Arkansas · 1926
7 more not listed; retrieve them via the Exa API.