Peters v. State
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; 0 1. The testimony excluded tended to show that the prosecutrix had a disposition or mania to make false charges against men of carnal abuse. 40 N. W. 473; '66 Ark. 523-5; 16 Cyc. 1181. 2. It was error to give the sixth instruction. It was prejudicial and not neutralized by the statement of the court.
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Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; 0 1. The testimony excluded tended to show that the prosecutrix had a disposition or mania to make false charges against men of carnal abuse. 40 N. W. 473; '66 Ark. 523-5; 16 Cyc. 1181. 2. It was error to give the sixth instruction. It was prejudicial and not neutralized by the statement of the court. It eliminated the question of a reasonable doubt as to the defendant’s guilt. 3. The continuance should, have been granted. 1. The continuance was properly refused; the proposed evidence was not competent, relevant nor material. 1…
1Opinion of the CourtFrauenthal, J.
The defendant was indicted for the crime of rape, alleged to have been committed upon the person of one Della Smith, a girl under the age of sixteen years. The jury returned a verdict finding the defendant guilty of the crime of carnal abuse of a female under the age of sixteen years, but without fixing the punishment. The court thereupon assessed his punishment at a term of twenty-one years’ imprisonment in the State Penitentiary.
Counsel for defendant made no complaint of any defect in the indictment under which he was tried, or that the crime of which he was convicted was not included in…
2Cases cited11 opinions
- Hollingsworth v. StateSupreme Court of Arkansas · 1890
- McAlister v. StateSupreme Court of Arkansas · 1911
- Bowman v. StateSupreme Court of Arkansas · 1909
- McArthur v. StateSupreme Court of Arkansas · 1894
- Plunkett v. StateSupreme Court of Arkansas · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Caton v. StateSupreme Court of Arkansas · 1972
- People v. HurlburtCalifornia Court of Appeal · 1958
- Goodwin v. StateSupreme Court of Arkansas · 1978
- West v. StateSupreme Court of Arkansas · 1986
- Davis v. StateSupreme Court of Arkansas · 1921
16 more not listed; retrieve them via the Exa API.