Woodard v. State
Supreme Court of Arkansas
Appeal from Johnson Circuit Court; A. B. Priddy, Judge; 1. It was error to refuse the peremptory instruction asked by defendant. There was no testimony except the prosecutrix’s and she' was not corroborated either as to the intercourse or promise of marriage. 130 Ark. 149; 11 Enc. of Ev. 699; 67 Ind. 567-573; 40 Ark. 485; 77 Id. 472; 72 Id. 23; 84 Id. 67; 86 Id. 30; 92 Id. 424; 77 Id. 16; 126 Id. 98; Smedley v. State, 130 Ark. 149; 102 Pa.
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Appeal from Johnson Circuit Court; A. B. Priddy, Judge; 1. It was error to refuse the peremptory instruction asked by defendant. There was no testimony except the prosecutrix’s and she' was not corroborated either as to the intercourse or promise of marriage. 130 Ark. 149; 11 Enc. of Ev. 699; 67 Ind. 567-573; 40 Ark. 485; 77 Id. 472; 72 Id. 23; 84 Id. 67; 86 Id. 30; 92 Id. 424; 77 Id. 16; 126 Id. 98; Smedley v. State, 130 Ark. 149; 102 Pa. St. 208; 104 Mo. 644; 35 Cyc. 1361, note 76; 64 Ind. 573; 90 Ala. 641; 93 Va. 815. 2. There was absolutely no corroboration of sexual intercourse and…
1Opinion of the CourtSmith, J.
This appeal comes from a second judgment of conviction sentencing appellant to the penitentiary for the crime of having obtained carnal knowledge of one Bessie Miller by virtue of a false express promise of marriage.
The former judgment was reversed because of the refusal of the court to give a requested instruction declaring the law applicable to a promise of marriage conditioned upon pregnancy following intercourse obtained by reason of that promise. We held that consent based upon such a condition did not constitute seduction; but we also held that if the promise of marriage was…
2Cases cited6 opinions
- Kenyon v. . the PeopleNew York Court of Appeals · 1863
- Boyce v. . People of the State of New YorkNew York Court of Appeals · 1873
- Polk v. StateSupreme Court of Arkansas · 1883
- Lasater v. StateSupreme Court of Arkansas · 1906
- People v. OrrNew York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bethel v. StateSupreme Court of Arkansas · 1924
- Nicholas v. StateSupreme Court of Arkansas · 1930
- Shaver v. CommonwealthSupreme Court of Virginia · 1928
- McMaster v. StateSupreme Court of Arkansas · 1924
- Bridges v. StateSupreme Court of Arkansas · 1928
2 more not listed; retrieve them via the Exa API.