Frost v. State
Mississippi Supreme Court
From tbe circuit court of Wayne county. Hon. W. IT. Hardy, Judge. Frost, appellant, a negro, was indicted and tried for an assault upon .one Lottie "Whigham a female under the age of ten years, with intent to rape, was convicted, sentenced to the penitentiary for ten years, and appealed to the supreme court. The opinion sufficiently states the facts.
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From tbe circuit court of Wayne county. Hon. W. IT. Hardy, Judge. Frost, appellant, a negro, was indicted and tried for an assault upon .one Lottie "Whigham a female under the age of ten years, with intent to rape, was convicted, sentenced to the penitentiary for ten years, and appealed to the supreme court. The opinion sufficiently states the facts. Code 1906, § 1359, under which the indictment was drawn, provides that a person ■convicted of assault with intent to ravish a female of previous •chaste character shall be punished by imprisonment for life or for such lesser time as may be fixed…
1Opinion of the Court
Fletcher, I.,
delivered the opinion of the court.
Upon a prosecution for attempt to rape where there was a sharp conflict in the testimony, the court, over the objection of defendant, permitted the grandmother of the prosecutrix to detail the particulars of the affair as narrated to her by the prosecutrix shortly after the alleged assault. This has been repeatedly and emphatically condemned by this court, and this error has invariably resulted in reversal. Ashford v. State, 81 Miss. 414, 33 South. 174; Anderson v. State, 82 Miss. 784, 35 South. 202; Jeffries v. State, 89 Miss. 643, 42 South.…
2Cases cited4 opinions
- Anderson v. StateMississippi Supreme Court · 1903
- Ashford v. StateMississippi Supreme Court · 1902
- Dickey v. StateMississippi Supreme Court · 1905
- Jeffries v. StateMississippi Supreme Court · 1906
3Cited by4 opinions
- Carr v. StateMississippi Supreme Court · 1968
- Smith v. StateMississippi Supreme Court · 1981
- Hicks v. StateMississippi Supreme Court · 1922
- Sanders v. StateMississippi Supreme Court · 1930