Carrens v. State
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; John W. Meeks, Judge; Defendant could not be convicted on the testimony of the prosecutrix alone, and the letters introduced were not sufficient corroboration. It was error to read them to the jury, in the absence of the witness. Kirby’s Digest, .§ 3145. It was error to admit evidence of contradictory statements by a- witness, without first having inquired of him concerning them.
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Appeal from Randolph Circuit Court; John W. Meeks, Judge; Defendant could not be convicted on the testimony of the prosecutrix alone, and the letters introduced were not sufficient corroboration. It was error to read them to the jury, in the absence of the witness. Kirby’s Digest, .§ 3145. It was error to admit evidence of contradictory statements by a- witness, without first having inquired of him concerning them. Kirby’s Digest, § 3139; 37 Ark. 324; 52 Ark. 303; lb. 273; 62 Ark. 286. An allegation which narrows and limits that which is essential is descriptive, and must be proved. 31 Ark.…
1Opinion of the CourtBattle, J.
Seigel Carrens was indicted by a grand jury of Randolph County for seducing Effie Coe, and was convicted. Effie Coe was the only witness examined to prove the charge. In the course of the examination she testified that she received certain letters from the defendant. The letters were not identified or proved to be the letters of the defendant by any other witness. They were read as evidence.
Evidence was also adduced tending to prove that, after the indictment and before trial, the defendant offered to marry Effie Coe, and she refused.
The court, in part, instructed the jury as follows:
“You are…
2Cases cited2 opinions
- Polk v. StateSupreme Court of Arkansas · 1883
- Keaton v. StateSupreme Court of Arkansas · 1904
3Cited by11 opinions
- Adams v. StateCourt of Criminal Appeals of Texas · 1920
- James v. StateCourt of Criminal Appeals of Texas · 1913
- Nichols v. StateSupreme Court of Arkansas · 1909
- State v. WallaceOregon Supreme Court · 1916
- Davis v. StateSupreme Court of Arkansas · 1910
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