Smith v. State
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; Charles Coffin, Judge: 1. The venue is not proved. The brother’s testimony was hearsay merely and incompetent. 8 Ark. 406; Id. 455; 6 Wall. (U. S.) 396. 2. No crime was committed unless the prosecuting witness was under 16 years of age. Kirby’s Dig. § 2008. Of this there is 110 sufficient proof. 3. The verdict should have been set aside.
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Appeal from Jackson Circuit Court; Charles Coffin, Judge: 1. The venue is not proved. The brother’s testimony was hearsay merely and incompetent. 8 Ark. 406; Id. 455; 6 Wall. (U. S.) 396. 2. No crime was committed unless the prosecuting witness was under 16 years of age. Kirby’s Dig. § 2008. Of this there is 110 sufficient proof. 3. The verdict should have been set aside. The after discovered evidence that the witness had given birth to a child would have been admissible both as affecting her credit and as tending to prove that she was -over 16 years of age. 1. The material part -of the…
1Opinion of the CourtMcCulloch, C. J.
The grand jury of Jackson County returned an indictment against the defendant, charging him with having carnally known Ola Taylor, a girl under the age of 16 years,, in that county. He was tried before a jury and convicted, and appeals to this court.
The prosecuting witness testified that she met the defendant and a man named Starnes in Newport on the night of July 18, 1908, and that they conducted her to a certain house in that city which is shown by other witnesses to be a bawdy house. An officer arrested them at that place, but afterwards released them on deposit of a sum of money in lieu…
2Cases cited2 opinions
- Foster v. StateSupreme Court of Arkansas · 1885
- Arkansas & Louisiana Railway Co. v. SandersSupreme Court of Arkansas · 1907
3Cited by8 opinions
- Dewein v. StateSupreme Court of Arkansas · 1914
- Russell v. StateSupreme Court of Arkansas · 1910
- Therman v. StateSupreme Court of Arkansas · 1943
- Amos v. StateSupreme Court of Arkansas · 1945
- State v. McPaddenSupreme Court of Minnesota · 1921
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