Lockett v. State
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Scott Wood, Judge; 1. The evidence is not sufficient to sustain the conviction. There was no proof of an intention to injure coupled with an act of preparation for such injury. 77 Ark. 37; 105 Id. 218. No intent to rape was proved. The most the evidence would sustain would-be a simple assault. 2. It was error to permit the State in rebuttal to introduce testimony to establish the general reputation of the prosecuting witness.
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Appeal from Garland Circuit Court; Scott Wood, Judge; 1. The evidence is not sufficient to sustain the conviction. There was no proof of an intention to injure coupled with an act of preparation for such injury. 77 Ark. 37; 105 Id. 218. No intent to rape was proved. The most the evidence would sustain would-be a simple assault. 2. It was error to permit the State in rebuttal to introduce testimony to establish the general reputation of the prosecuting witness. Her cross-examination was proper and not prejudicial nor an impeachment of her general reputation. Kirby’s Digest, § 3140; 53 Ark.…
1Opinion
McCulloch, C. J.,
(on rehearing). On reconsideration of this case we have reached the conclusion that it was wrong to hold that no prejudicial error was committed in permitting the State to introduce testimony tending to establish the general reputation of the prosecuting witness for truth and morality. If it was error to admit the testimony, it ought not to be said that such error is not prejudicial and does not call for a reversal of the judgment, for that would be to disregard the statute itself, which is mandatory in its terms.
In the original opinion we followed the case of Patrick v.…
2Cases cited8 opinions
- Gertz v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1884
- McAlister v. StateSupreme Court of Arkansas · 1911
- The People v. . GayNew York Court of Appeals · 1852
- Tedens v. SchumersIllinois Supreme Court · 1884
- State v. OwensSupreme Court of Iowa · 1899
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3Cited by17 opinions
- Wilson v. StateSupreme Court of Arkansas · 1977
- Mays v. StateSupreme Court of Arkansas · 1924
- Fike v. StateSupreme Court of Arkansas · 1974
- Holden v. StateSupreme Court of Arkansas · 1923
- Brust v. StateSupreme Court of Arkansas · 1922
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