Green v. State
Supreme Court of Arkansas
Appeal from Van Burén Circuit Court; Brice B. Hudgins, Judge; The question of fact as to whether or not the appellant accomplished his purpose is settled by the verdict of the jury. 50 Ark. 387; 21 Ark. 306; 24 Ark. 251. Consent of the victim is not material in this case. Where the female assaulted is under the age of consent, absence of consent will be presumed because of her incapacity to give it. 50 Ark. 387; 29 Ark. 120; 11 Ark. 389.
1Opinion of the CourtHart, J.
Abe Green was indicted for the crime of rape. He was tried before a jury, found guilty and sentenced to death. He has duly prosecuted an appeal to this court.
The testimony is correctly abstracted by the Attorney General as follows:
Eura Webb, the prosecuting witness testified: “My name is Eura Webb. I am fourteen years of age. I know the defendant. I went over to Mr. Malone’s after some hoes and goobers. I started back home and met Abe Green. He spoke to me, and asked me where Pa was. I told him at home plowing, and he got behind me and grabbed me around the neck and started with me out in the…
2Cases cited4 opinions
- Vance v. StateSupreme Court of Arkansas · 1902
- Jones v. StateSupreme Court of Arkansas · 1909
- Pratt v. StateSupreme Court of Arkansas · 1888
- Hamby v. StateSupreme Court of Arkansas · 1904
3Cited by2 opinions
- Gaskin v. StateSupreme Court of Arkansas · 1968
- Sutton v. StateSupreme Court of Arkansas · 1938