Legal Opinion

Armstrong v. State

Supreme Court of Arkansas

Decided February 19, 1912PublishedCited by 3 opinions

Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; STATEMENT BY THE COURT. Appellant was convicted of the crime of rape upon the person of Ella Hardeastle, and sentenced to be hanged. The testimony shows that the rape was committed at night, at about 3 o’clock in the morning, by some one who entered the room, through a window, where the prosecuting witness was asleep.

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Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; STATEMENT BY THE COURT. Appellant was convicted of the crime of rape upon the person of Ella Hardeastle, and sentenced to be hanged. The testimony shows that the rape was committed at night, at about 3 o’clock in the morning, by some one who entered the room, through a window, where the prosecuting witness was asleep. She was awakened by the .striking of a match and by the light from it and the reflection of the electric light through the window, saw her assailant and, afterwards on the next day, when he was arrested,…

1Opinion of the Court

Kirby, J.,

(after stating the facts). Of the many errors assigned in the motion for a new trial only such will be noticed as are necessary to the decision herein.

It is first strongly urged that the court erred in permitting the jury to separate during the trial before the case was submitted to them. It is within the discretion of the trial court to permit the jury to separate, or to keep them together, after admonishing them as the law requires, in the charge of a proper officer, before or after the case is submitted to them. Sections 2390-2893, Kirby’s Digest. But this discretion of the court…

2Cases cited5 opinions

  1. Maclin v. StateSupreme Court of Arkansas · 1884
  2. State v. BartlettSupreme Court of Iowa · 1905
  3. Johnson v. StateSupreme Court of Arkansas · 1877
  4. Ford v. StateSupreme Court of Alabama · 1900
  5. Whittington v. StateSupreme Court of Georgia · 1904

3Cited by3 opinions

  1. Brust v. StateSupreme Court of Arkansas · 1922
  2. State v. SeyboldtUtah Supreme Court · 1925
  3. Spence v. StateSupreme Court of Arkansas · 1930

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