Legal Opinion

Younger v. State

Supreme Court of Arkansas

Decided October 16, 1911PublishedCited by 14 opinions

Appeal from Pope Circuit Court; Hugh Basham, Judge; 1. That it was error, prejudicial to the defendant, to admit testimony showing that he had been arrested in Oklahoma on a warrant for horse stealing and had resisted being brought back to this State on that charge, is elementary. 2. It was also error, for which the case should be reversed, to allow a remark of the prosecuting attorney at the conclusion of the examination of a witness whose testimony was favorable to the…

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Appeal from Pope Circuit Court; Hugh Basham, Judge; 1. That it was error, prejudicial to the defendant, to admit testimony showing that he had been arrested in Oklahoma on a warrant for horse stealing and had resisted being brought back to this State on that charge, is elementary. 2. It was also error, for which the case should be reversed, to allow a remark of the prosecuting attorney at the conclusion of the examination of a witness whose testimony was favorable to the defendant, as follows; “I do not believe a word of it,” to stand with the mild statement by the court, when objection was…

1Opinion of the CourtWood, J.

The appellant was convicted of the crime of an assault with intent to rape. There was testimony on behalf of the State sufficient to sustain the verdict. The testimony of appellant tended to show that he was not guilty.

Over the objection of appellant, the State was allowed to prove that appellant was arrested in Oklahoma upon a charge of grand larceny, and that he refused to return to Arkansas to answer this charge without a requisition. The prosecuting attorney was permitted, over appellant’s objection, to ask appellant on cross examination: “Have you not been dodging the officers of the law…

2Cases cited4 opinions

  1. Holder v. StateSupreme Court of Arkansas · 1894
  2. Ware v. StateSupreme Court of Arkansas · 1909
  3. Smith v. StateSupreme Court of Arkansas · 1905
  4. Werner v. StateSupreme Court of Arkansas · 1884

3Cited by14 opinions

  1. Williams v. United StatesCourt of Appeals for the Eighth Circuit · 1924
  2. Kelley v. StateSupreme Court of Arkansas · 1918
  3. Black v. StateSupreme Court of Arkansas · 1949
  4. Shuffield v. StateSupreme Court of Arkansas · 1915
  5. Paxton v. StateSupreme Court of Arkansas · 1913

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