Frazier v. State
Supreme Court of Arkansas
Appeal from Cleveland Circuit Court. Frazier appeals from a conviction of rape. The evidence of the prosecuting witness was to the effect that the appellant gained possession of her person without physical force, but by means of threats of choking her if she resisted or made outcry.
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Appeal from Cleveland Circuit Court. Frazier appeals from a conviction of rape. The evidence of the prosecuting witness was to the effect that the appellant gained possession of her person without physical force, but by means of threats of choking her if she resisted or made outcry. Appellant insists that the trial court erred, (1) in that there was no proof of the venue of the offense, (2) in refusing to give the fourth and seventh instructions asked by him and copied in the Reporter’s first head-note to this opinion, and (3) in giving certain instructions asked by the State. 1. The venue is…
1Opinion of the CourtHemingway, J.
1. As to physical examination i n rape cases.
There is no proof of the venue of the offense, and the judgment cannot be sustained. As the case must be retried, we have thought best to consider the charge to the jury. We think the court properly refused to give the fourth and seventh instructions asked by defendant;* we have been directed to no principal or precedent in support of them, and they embody principles that seem necessarily unsound.
% Instruction as to credibility of "witnesses considered.
There was no error in the instructions given for the State, unless it be found in the following:…
2Cited by10 opinions
- Nickels v. StateSupreme Court of Florida · 1925
- Vernon v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- Bruder v. StateSupreme Court of Arkansas · 1913
- Jackson v. StateSupreme Court of Arkansas · 1910
- Johnson v. StateSupreme Court of Arkansas · 1915
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