Maxey v. State
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. Jepktha H. Evans, Judge. It was error for the court to deny the defendant’s motion for continuance to enable him to obtain the evidence of the witnesses who were in Texas. 60 Ark. 564; 21 Ark. 460; 50 Ark. 161; 32 Ark. 462; 1 Bish. Cr. Proc. 951, a, b and e; 38 L. R. A. 721; 4 Am. & Eng. Enc.
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Appeal from Crawford Circuit Court. Jepktha H. Evans, Judge. It was error for the court to deny the defendant’s motion for continuance to enable him to obtain the evidence of the witnesses who were in Texas. 60 Ark. 564; 21 Ark. 460; 50 Ark. 161; 32 Ark. 462; 1 Bish. Cr. Proc. 951, a, b and e; 38 L. R. A. 721; 4 Am. & Eng. Enc. PI. & Pr. 847-849, 861; 80 Ky. 480; 65 G-a. 332; 14 S. W. 1008. The fact that the evidence sought is cumulative is no reason for denying the motion in a felony case. 14 S. W. 1008. The court erred in refusing to give the sixth instruction asked by defendant, cautioning…
1Opinion of the CourtWood, J.
Appellant was convicted of the crime of rape. The prosecutrix was a German woman, forty-nine years of age, who could not speak English well, and testified through an interpreter. The proof on behalf of the state (without setting it out in detail) tended to show that the prosecutrix was led by a young white boy, Tommy Downs, to a place about one quarter of a mile from the depot at Van Buren, and turned over by him, in the woods near the Morrell place, to the appellant, who claimed that he would get her a place to stay all night. The testimony to the effect that the prosecutrix was led by Tommy…
2Cited by14 opinions
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