Davis v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, First Division. Robert J. Lea, Judg-e. The court erred in admitting- the testimony of the constable, Beller, that the rapist was described to him by the prosecutrix, and that he identified him by that description, and arrested him.
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Appeal from Pulaski Circuit Court, First Division. Robert J. Lea, Judg-e. The court erred in admitting- the testimony of the constable, Beller, that the rapist was described to him by the prosecutrix, and that he identified him by that description, and arrested him. Lewis v. State, 61 Ark. 494. Also in allowing- him to testify as to what prose-cutrix said and did when he arrested defendant and took him in her presence. • 34 S. W. Rep. 274; 28 id. 810. It was error to refuse to instruct the jury that if prosecu-trix yielded at any time during- the assault, or was passive, or ceased to resist,…
1Opinion of the CourtBunn, C. J.
This is an indictment for rape, tried and determined in the Pulaski circuit court, first division, and resulting- in a verdict and judgment of guilty, from which, in due form, defendant appeals to this court.
The principal, and the only material, controversy in this case is: First, as to the court’s instruction on the subject of the character and continuity of resistance exhibited by the injured party, necessary to show that the rape was really and in fact against her will, as defined and required by the statute; and, secondly, whether or not the trial court improperly admitted the testimony…
2Cases cited1 opinion
- Lee v. HuffSupreme Court of Arkansas · 1896
3Cited by2 opinions
- Urquhart v. StateSupreme Court of Arkansas · 1981
- Sexton v. StateSupreme Court of Arkansas · 1909