Jackson v. State
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Eugene Lankford, Judge; x. When the prosecutrix in a rape case is a woman of immoral or unchaste character, the jury should consider this fact for two purposes: (1) It goes to her credibility, and (2) the jury may consider it as tending to show consent. 66 Ark. 523; 12 L. R. A. (N. S.) 1153; 1 Wigmore on Ev., § § 199-200; 3 Rice on Ev., p. 605; s A. & E. Ene. E. 871, 851-C. 853; 40 Tex. 486; 17 Tex.
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Appeal from Monroe Circuit Court; Eugene Lankford, Judge; x. When the prosecutrix in a rape case is a woman of immoral or unchaste character, the jury should consider this fact for two purposes: (1) It goes to her credibility, and (2) the jury may consider it as tending to show consent. 66 Ark. 523; 12 L. R. A. (N. S.) 1153; 1 Wigmore on Ev., § § 199-200; 3 Rice on Ev., p. 605; s A. & E. Ene. E. 871, 851-C. 853; 40 Tex. 486; 17 Tex. App. 301, 532; 20 Id. 155,; 3 Hill N. Y. 309; 36 Cal. 522; 40 Ark. 486-7; 27 Mich. 134. 2. It was error to refuse the seventh and eighth prayers of defendant. It…
1Opinion of the CourtHart, J.
Sam Jackson was indicted, tried before a jury, and convicted of the crime of rape in the Monroe Circuit Court. The case is here on appeal.
Counsel for appellant assigns as error the refusal of the court to give the following instruction:
“The court instructs the jury that if they find from the testimony that the victim or prosecutrix is a woman of immoral character the jury should consider this fact for two purposes: (1.) It goes to her credibility as a witness. (2.) The jury may consider it upon the question of consent.”
This instruction was based upon the evidence adduced at the trial tending…
2Cases cited7 opinions
- Western Coal & Mining Co. v. BurnsSupreme Court of Arkansas · 1907
- Maxey v. StateSupreme Court of Arkansas · 1899
- Little Rock Railway & Electric Co. v. GoernerSupreme Court of Arkansas · 1906
- Smith v. StateSupreme Court of Arkansas · 1888
- Hamilton-Brown Shoe Co. v. Choctaw Mercantile Co.Supreme Court of Arkansas · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Hill v. StateSupreme Court of Arkansas · 1972
- Tarkington v. StateSupreme Court of Arkansas · 1971
- Fike v. StateSupreme Court of Arkansas · 1974
- Kurck v. StateSupreme Court of Arkansas · 1962
- Smith v. StateSupreme Court of Arkansas · 1921
15 more not listed; retrieve them via the Exa API.