Myers v. State
Supreme Court of Arkansas
Appeal from Poinsett Circuit Court; W. J. Driver, Judge; STATEMENT BY THE COURT. Appellant was convicted at the September, 1913, term of the Poinsett Circuit Court of the crime of rape, under an indictment which charged him with that crime and also with the crime of carnal abuse. The prosecutrix testified on the trial in part as follows: “I am eleven years old; live with my father, Alonzo Johns, and Jeff McCracken and his wife, who is my sister.
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Appeal from Poinsett Circuit Court; W. J. Driver, Judge; STATEMENT BY THE COURT. Appellant was convicted at the September, 1913, term of the Poinsett Circuit Court of the crime of rape, under an indictment which charged him with that crime and also with the crime of carnal abuse. The prosecutrix testified on the trial in part as follows: “I am eleven years old; live with my father, Alonzo Johns, and Jeff McCracken and his wife, who is my sister. They have two children, Jessie, who is three years old, and Woodrow, the baby a year old. I was at home July 18; returned from school about 4:30.…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. This court, in the case of Dolan v. State, 40 Ark. 454, passed upon the alleged misconduct of the jury in the use of intoxicating liquors as a beverage during the progress of the trial of a defendant for a capital offense. In that case it was held, after an exhaustive review of the former cases in this court, as well as other jurisdictions, on the subject that “Where it appears from affidavit for a new trial in a criminal case that the jury drank intoxicating liquor during the trial, the circuit court should set aside their verdict of conviction, unless…
2Cases cited3 opinions
- Dolan v. StateSupreme Court of Arkansas · 1883
- Bussey v. StateSupreme Court of Arkansas · 1901
- Payne v. StateSupreme Court of Arkansas · 1899
3Cited by13 opinions
- Whittaker v. StateSupreme Court of Arkansas · 1927
- Roath v. StateSupreme Court of Arkansas · 1932
- Bennett v. StateSupreme Court of Arkansas · 1991
- Little v. StateSupreme Court of Arkansas · 1923
- Sutton v. StateSupreme Court of Arkansas · 1938
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