Legal Opinion

Adams v. State

Supreme Court of Arkansas

Decided January 10, 1910PublishedCited by 9 opinions

Appeal from -Sebastian Circuit Court, Fort Smith District; Daniel, Hon, Judge; The court erred in refusing to allow appellant to prove acts of sexual intercourse on the part of prosecutrix with witness Abels since the date of seduction, for the’ purpose of impeaching her credibility. 40 Ark. 487. It was also error to permit the prosecutrix and her mother to testify as to the resemblance of the child to appellant.

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Appeal from -Sebastian Circuit Court, Fort Smith District; Daniel, Hon, Judge; The court erred in refusing to allow appellant to prove acts of sexual intercourse on the part of prosecutrix with witness Abels since the date of seduction, for the’ purpose of impeaching her credibility. 40 Ark. 487. It was also error to permit the prosecutrix and her mother to testify as to the resemblance of the child to appellant. Proof of acts of unchastity subsequent to the alleged seduction was inadmissible. Wigmore, Ev. (vols. 1 and 5, art. 205) ; 11 Ala. 68; 34 Ga. 1; 48 la. 671; 51 Ia. 467; 55 N. Y. 644.…

1Opinion of the CourtBattle, J.

Will Adams was indicted for seducing Rowena Hamblin, and convicted. He prosecutes an appeal to this court from this conviction.

Rowena Hamblin testified in 'the trial of the defendant that he, in the month of October, 1908, obtained carnal knowledge of her by virtue of a false promise of marriage made to her by him; and of this intercourse a child was born. In her examination in chief she testified that she never had sexual intercourse with any other man at any time or any where. Defendant offered to prove that Charles Abels had sexual intercourse with her since the last day of November, 1908,…

2Cases cited5 opinions

  1. Polk v. StateSupreme Court of Arkansas · 1883
  2. McArthur v. StateSupreme Court of Arkansas · 1894
  3. Land v. StateSupreme Court of Arkansas · 1907
  4. Paulk v. StateSupreme Court of Alabama · 1875
  5. State v. SargentSupreme Judicial Court of Maine · 1851

3Cited by9 opinions

  1. Boren v. QuallsSupreme Court of Arkansas · 1984
  2. Peters v. StateSupreme Court of Arkansas · 1912
  3. Flores v. StateSupreme Court of Florida · 1916
  4. Lowery v. StateSupreme Court of Arkansas · 1918
  5. McCain v. StateSupreme Court of Arkansas · 1917

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