Zinn v. State
Supreme Court of Arkansas
Appeal from Saline Circuit Court; W. H. Evans, Judge; 1. It was error to give the State’s instruction No. 2 that proof of actual penetration, etc., was sufficient. There was no issue as to penetration and it is misleading. The penetration was admitted. Other elements are also necessary. 33 Cyc. 1504; 11 S. W. 106; 3 Id. 784. 2. The State’s instruction No. 8 is too general. The elements of rape should have been mentioned. 3. No. 9 as to reasonable doubt was error.
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Appeal from Saline Circuit Court; W. H. Evans, Judge; 1. It was error to give the State’s instruction No. 2 that proof of actual penetration, etc., was sufficient. There was no issue as to penetration and it is misleading. The penetration was admitted. Other elements are also necessary. 33 Cyc. 1504; 11 S. W. 106; 3 Id. 784. 2. The State’s instruction No. 8 is too general. The elements of rape should have been mentioned. 3. No. 9 as to reasonable doubt was error. It permits the jury to consider other matters than the evidence. 81 Ark. 16. 4. The court erred in modifying No. 3 for defendant by…
1Opinion of the CourtSmith, J.
Appellants seek by this appeal to reverse a judgment in the court below imposing a life sentence in the penitentiary upon a conviction of the crime of rape. The crime was alleged to have been committed upon Mrs. Olive Brummett, and, according to her testimony, the crime was one of revolting bestiality.
Appellants admit the act of intercourse but say that Mrs. Brummett fully consented and that she thereby compensated them for .services in attempting to • carry her from the city of Benton to the hamlet of Grape, in Saline County. Mrs. Brummett and her husband were moving back to this State,…
2Cited by18 opinions
- Lonnie Mitchell v. Dan D. Stephens, Superintendent of Arkansas State PenitentiaryCourt of Appeals for the Eighth Circuit · 1965
- Stewart v. StateSupreme Court of Arkansas · 1961
- Tarkington v. StateSupreme Court of Arkansas · 1971
- Peters v. StateSupreme Court of Arkansas · 1970
- Territory of Hawaii v. AbellanaHawaii Supreme Court · 1950
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