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Comer v. State

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eBook details

  • Title: Comer v. State
  • Author : Supreme Court of Arkansas
  • Release Date : January 11, 1953
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

The appellant was convicted of carnal abuse and sentenced to confinement in the penitentiary for three years. Ark. Stats., 1947, 41-3406. This appeal puts in issue the sufficiency of the State's evidence. The information charges that Comer had carnal knowledge of his daughter Lorine, a girl under the age of sixteen. Lorine, as a witness for the prosecution, denied having had sexual relations with her father. She admitted that she had signed a statement to the contrary during the prosecuting attorney's investigation of the case, but she declared that her former statement was untrue. The court instructed the jury that the prior statement was admitted for impeachment only and was not to be considered as evidence of the accused's guilt. There was no other evidence that the crime had been committed; so the jury must have disregarded the court's instruction and concluded that Lorine told the truth in the first instance.


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