Howell v. State
Supreme Court of Arkansas
Appeal from Pike Circuit Court; James S. Steel, Judge; 1. The court erred in refusing to permit the witness, Harris, to testify that he saw the prosecuting witness having sexual intercourse with McKinnon. 22 R. C. L. 1211; 10 R. C. L. 936; 33 L. R. A. (N. S.) 477; 54 Ark. 25. 2. Also in excluding the testimony of Nonus Harris. 42 Pac.
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Appeal from Pike Circuit Court; James S. Steel, Judge; 1. The court erred in refusing to permit the witness, Harris, to testify that he saw the prosecuting witness having sexual intercourse with McKinnon. 22 R. C. L. 1211; 10 R. C. L. 936; 33 L. R. A. (N. S.) 477; 54 Ark. 25. 2. Also in excluding the testimony of Nonus Harris. 42 Pac. Rep. 953. 3. It was error to allow the prosecuting attorney to ask defendant as to acts of intercourse with the prosecutrix after she was 16 years of age. 97 S. W. 566. 4. The comments of the prosecuting attorney in his argument were prejudicial. 2 R. C. L. 419.…
1Opinion of the CourtSmith, J.
Appellant was convicted of carnally knowing one Carrie Sherman, a girl under the age of sixteen years. At the trial in the court below the prosecutrix, upon her direct examination,, was asked if any man other than appellant had ever had sexual intercourse with her, and she answered that she had never had sexual intercourse with any man except appellant. Upon her cross-examination she repeated the statement. Appellant denied that he had sexual intercourse with the prosecutrix at the times and places stated by her, and while he admitted, upon his cross-examination, that he had had sexual…
2Cases cited2 opinions
- King v. StateSupreme Court of Arkansas · 1913
- State v. SargentSupreme Judicial Court of Maine · 1851
3Cited by12 opinions
- McFadden v. StateSupreme Court of Arkansas · 1986
- Garst v. CullumSupreme Court of Arkansas · 1987
- Rowe v. StateSupreme Court of Arkansas · 1922
- Spence v. StateSupreme Court of Arkansas · 1931
- Hill v. StateCourt of Appeals of Arkansas · 1991
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