McArthur v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. 1. It was error to refuse to allow defendant to prove a succession of specific acts of fornication with the prosecuting witness and others, outside of the acts specially alleged—especially after the State had introduced this issue. 2. It was error to refuse instructions four and five, and to give the substitute on this point. Proof of specific acts showing the truth of the charge is admissible. 13 Am. & E. Enc.
Read the full summary
Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. 1. It was error to refuse to allow defendant to prove a succession of specific acts of fornication with the prosecuting witness and others, outside of the acts specially alleged—especially after the State had introduced this issue. 2. It was error to refuse instructions four and five, and to give the substitute on this point. Proof of specific acts showing the truth of the charge is admissible. 13 Am. & E. Enc. Raw, 502; 19 Tex. App. 14; 3 Am. Cr. Rep. 386; 2 Rea, 169; 49 Ark. 449; 54 id. 489. 3. It is error to charge that “defendant…
1Opinion of the Court
Riddick, T.
The appellant was indicted for slander by the grand jury of Perry county. After a change of venue to Pulaski county, he was tried and convicted and sentenced to three years in the State penitentiary. His appeal raises certain questions of law, which we shall state and determine.
The indictment, in substance, charges that appellant slandered one Pearl Jones by falsely uttering and publishing about her words which, in their common acceptation, amounted to charge the said Pearl Jones with having committed fornication and adultery with the sons of appellant.
1. Impeachment of witness in…
2Cases cited3 opinions
- Pleasant v. StateSupreme Court of Arkansas · 1855
- State v. . McDanielSupreme Court of North Carolina · 1881
- State v. SargentSupreme Judicial Court of Maine · 1851
3Cited by23 opinions
- Vernon v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- Peters v. StateSupreme Court of Arkansas · 1912
- Brown v. StateSupreme Court of Arkansas · 1976
- Spence v. StateSupreme Court of Arkansas · 1931
- State v. HosmerOregon Supreme Court · 1914
18 more not listed; retrieve them via the Exa API.