Wilhite v. State
Supreme Court of Arkansas
Appeal from Polk Circuit Court; James S. Steel, Judge; 1. Having alleged that the prosecuting witness “was of previous chaste character/’ it devolved upon the State to prove it. 1 Bishop, Crim. Proc.; 2 Ed. § § 127-8. This allegation can not be rejected as surplusage. Id. § § 482, 485-6. See also 9 Ark. 193; 10 Ark. 259; 22 Ark. 251; 30 Ark. 131; 36 Ark. 168; 62 Ark. 459; 66 Ark. 120; 17 S. W. 725; Roscoe’s Crim.
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Appeal from Polk Circuit Court; James S. Steel, Judge; 1. Having alleged that the prosecuting witness “was of previous chaste character/’ it devolved upon the State to prove it. 1 Bishop, Crim. Proc.; 2 Ed. § § 127-8. This allegation can not be rejected as surplusage. Id. § § 482, 485-6. See also 9 Ark. 193; 10 Ark. 259; 22 Ark. 251; 30 Ark. 131; 36 Ark. 168; 62 Ark. 459; 66 Ark. 120; 17 S. W. 725; Roscoe’s Crim. Ev. 101-2; 3 Sumner, 12; 15 Me. 476; 30 Me. 29; 67 Me. 567; 19 N. H. 133; 34 N. H. 529; 11 Mass. 93; 20 Pick. 356; 126 Mass. 46. 2. The court erred in refusing to give instruction…
1Opinion of the CourtHiee, C. J.
Pool Wilhite was indicted for seduction, and was convicted and sentenced to pay a fine of one dollar and to serve eighteen months in the penitentiary, and has appealed.
1. The indictment alleges in apt terms the seduction of Cordelia Bernard, and that she was of previous chaste character. It is admitted that it is not necessary to allege that she was of previous chaste character, yet the State, having made this allegation, it is insisted, must prove it. The necessity of allegation and proof of previous chaste character in seductions was considered in Caldwell v. State, 73 Ark. 139, and it was…
2Cases cited7 opinions
- Rayburn v. StateSupreme Court of Arkansas · 1901
- Bolling v. StateSupreme Court of Arkansas · 1891
- Cogburn v. StateSupreme Court of Arkansas · 1905
- Ware v. StateSupreme Court of Arkansas · 1894
- Caldwell v. StateSupreme Court of Arkansas · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Taylor v. StateSupreme Court of Arkansas · 1914
- Smedley v. StateSupreme Court of Arkansas · 1917
- State v. TurnerSupreme Court of South Carolina · 1909
- Cook v. StateSupreme Court of Arkansas · 1912
- Sutton v. StateSupreme Court of Arkansas · 1924
4 more not listed; retrieve them via the Exa API.