Legal Opinion

Smith v. State

Supreme Court of Arkansas

Decided October 17, 1921PublishedCited by 20 opinions

Appeal from Benton Circuit Court; W. A. Dickson, Judge; The court did not commit any error in refusing to instruct the jury on the lower offenses embraced in the indictment. 49 Ark. 543; 36 Ark. 242; 54 Ark. 336; 13 Ark. 317;'93 Ark. 20; 99 Ark. 648; 120 Ark. 179. There was no error in permitting the testimony of Mrs. Niel Phillips to be read to the jury. 58 Ark. 353; 90 Ark. 514; 83 Ark. 272; 16 S. W. 577. There was no error in permitting the prosecuting witness to…

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Appeal from Benton Circuit Court; W. A. Dickson, Judge; The court did not commit any error in refusing to instruct the jury on the lower offenses embraced in the indictment. 49 Ark. 543; 36 Ark. 242; 54 Ark. 336; 13 Ark. 317;'93 Ark. 20; 99 Ark. 648; 120 Ark. 179. There was no error in permitting the testimony of Mrs. Niel Phillips to be read to the jury. 58 Ark. 353; 90 Ark. 514; 83 Ark. 272; 16 S. W. 577. There was no error in permitting the prosecuting witness to introduce testimony showing her good character and reputation for chastity. 22 B. C. L. Sec. 42, p. 1208, 1209.

1Opinion of the CourtHast, J.

Huel Smith prosecutes this appeal to reverse a judgment of conviction against him for the crime of assault with intent to rape. Smith was indicted for the crime of assault with intent to rape, and was convicted of the crime, his punishment being fixed by the jury at a term of three years in the State penitentiary.

The first assignment of error is that the judgment should be reversed because the court refused to instruct the jury on the lower offenses embraced in the indictment.

The defendant was indicted for the crime of assault . with intent to commit a rape, and the court fully and fairly…

2Cases cited6 opinions

  1. Allison v. StateSupreme Court of Arkansas · 1905
  2. Pleasant v. StateSupreme Court of Arkansas · 1855
  3. Bruder v. StateSupreme Court of Arkansas · 1913
  4. Rogers v. StateSupreme Court of Arkansas · 1918
  5. Jackson v. StateSupreme Court of Arkansas · 1909

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Caton v. StateSupreme Court of Arkansas · 1972
  2. State v. SimmonsWashington Supreme Court · 1962
  3. Glover v. StateSupreme Court of Arkansas · 1981
  4. Brockman v. StateCourt of Criminal Appeals of Oklahoma · 1936
  5. Frederick v. StateSupreme Court of Arkansas · 1975

15 more not listed; retrieve them via the Exa API.

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