Hammons v. State
Supreme Court of Arkansas
Appeal from Conway Circuit Court. Wieeiam R. Moose,-Judge. 1. The letter was a privileged communication between husband and wife, and it was error to admit it. 70 Ark. 204. See 13 Ark. 295; 21 Id. 77; 27 Id. 493; 26 R. R. A. 864; 2 Id. 615 (note) ; 121'Mass. 137; 117 Id. go; 2 Allen, 558; 8 Cent.
Read the full summary
Appeal from Conway Circuit Court. Wieeiam R. Moose,-Judge. 1. The letter was a privileged communication between husband and wife, and it was error to admit it. 70 Ark. 204. See 13 Ark. 295; 21 Id. 77; 27 Id. 493; 26 R. R. A. 864; 2 Id. 615 (note) ; 121'Mass. 137; 117 Id. go; 2 Allen, 558; 8 Cent. Rep. 150; 116 Pa. 109; 113 Mass. 157; 32 Fed. 368; 5 N. E. Rep. 268; 1 Bailey R. 568. 2. If under twelve years, the presumption is that the girl was not capable of consenting; but if over ten, this presumption may be overcome by proof, and the court should have so told the jury. 50 Ark. 330; 17 Oh.…
1Opinion of the CourtHile, C. J.
The appellant was indicted for the crime of rape committed on his step-daughter, a child of eleven years of age. He was convicted, and sentenced to the death penalty, and obtained an appeal to this court.
The alleged errors will be considered in the order presented.
1. The indictment was sufficient.* The form thereof was approved in Downs v. State, 60 Ark. 521, and the demurrer thereto was properly overruled.
2. The evidence amply sustains the verdict. The testimony of the child was direct and positive, and strongly corroborated. The defense attempted to prove that the child had knowledge of…
2Cases cited17 opinions
- State v. HoytSupreme Court of Connecticut · 1880
- People v. . HayesNew York Court of Appeals · 1894
- Satterlee v. BlissCalifornia Supreme Court · 1869
- State v. BuffingtonSupreme Court of Kansas · 1878
- Wilkerson v. StateSupreme Court of Georgia · 1893
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Wolfle v. United StatesSupreme Court of the United States · 1934
- McDonald v. StateSupreme Court of Florida · 1915
- State v. WilkinsOregon Supreme Court · 1914
- Harshaw v. StateSupreme Court of Arkansas · 1910
- McKie v. StateSupreme Court of Georgia · 1927
12 more not listed; retrieve them via the Exa API.