Amos v. State
Decision Date | 01 October 1945 |
Docket Number | 4396 |
Citation | 189 S.W.2d 611,209 Ark. 55 |
Parties | Amos v. State |
Court | Arkansas Supreme Court |
Appeal from Sebastian Circuit Court, Fort Smith District; J. Sam Wood, Judge.
Affirmed.
Roy Gean, for appellant.
Guy E. Williams, Attorney General, and Oscar E Ellis, Assistant Attorney General, for appellee.
Appellant was convicted of the crime of carnal abuse (§ 3406, Pope's Digest); and presents this appeal. His motion for new trial contains nine assignments.
Assignments Nos. One to Four relate to the sufficiency of the evidence; and these assignments are without merit. The prosecuting witness (the girl) testified to the acts of intercourse and the dates and venue. A physician testified to penetration. The age of the girl was shown by the testimony of herself and her mother. Venue was also shown by other witnesses. The evidence was sufficient. For cases involving carnal abuse, where the sufficiency of the evidence is discussed, see: Gray v. State, 125 Ark. 272, 188 S.W. 820; Stinson v. State, 125 Ark. 339, 189 S.W. 49; Ragsdale v. State, 132 Ark. 210, 200 S.W. 802; Tugg v. State, 206 Ark. 161, 174 S.W.2d 374.
Assignment No. Five relates to instructions. No specific objection was made to any instruction; and a study of the record shows that each was correct as against a general objection.
Assignment No. Six relates to the extent and scope of the cross-examination of Jones, who was a character witness for the defendant. The defendant offered evidence of his good reputation in the community for truth and morality. This he had a right to do; for in Seaton v. State, 151 Ark. 240, 235 S.W. 794, we said that the trait of character to be covered by the question depended on the crime charged and the moral wrong involved in its commission. Since carnal abuse involves immorality, the reputation of the defendant for morality could be shown by him in defense. See, also, 20 Am. Juris. 307. The witness Jones testified that he had known the defendant all of his life; and for the past several years had lived one block from the defendant and had sold him groceries regularly; that the witness knew defendant's general reputation in the community for truth and morality, and that it was good. On cross-examination the State undertook to show that the witness did not know the general reputation of the defendant in the community. We copy from the record:
It will be observed that only a general objection was made to the cross-examination. The rule is well settled that a general objection is insufficient to call the court's attention to the fact that evidence admissible for one purpose is inadmissible for another purpose. If the evidence is admissible for any purpose, then the objecting party must ask the court to limit the evidence to the one admissible purpose, or the objection is wholly unavailing. See Bodcaw Lumber Co. v. Ford, 82 Ark. 555, 102 S.W. 896; and cases collected in West's Arkansas Digest, "Trial," §§ 85 and 86. So, if the cross-examination here objected to was admissible for any purpose, then the assignment is without merit. Was the cross-examination proper for any purpose?
Appellant argues that this cross-examination was an attempt to show specific acts of misconduct too remote to have any bearing on the case at bar, and forced the accused to defend himself on other acts for which he was not then being tried. If that was the sole purpose and effect of the cross-examination, then it would be violative of the rule stated by this court in Ware v. State, 91 Ark. 555, 121 S.W. 927, and followed in Belford v. State, 96 Ark. 274, 131 S.W. 953; and also in Tullis v. State, 162 Ark. 116, 257 S.W. 380.
But in Clark v. State, 135 Ark. 569, 205 S.W. 975 -- and without citing Ware v. State, supra -- we pointed out that the character witness might be cross-examined as to particular acts of misconduct of the defendant, in order to test the value of the knowledge of the character witness; and we there said: "
See also, Carr v. State, 147 Ark. 524, 227 S.W. 776, and Weakley v. State, 168 Ark. 1087, 273 S.W. 374. In Powell v. State, 149 Ark. 311, 232 S.W. 429, this court pointed out that evidence of specific acts could be limited by the court on request of counsel, saying: ...
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Mitchell v. Stephens
...See, e.g., the following list of cases, complied by this Court: Daniels v. State, 186 Ark. 255, 53 S.W.2d 231 (1932); Amos v. State, 209 Ark. 55, 189 S.W.2d 611 (1934); Thomas v. State, 196 Ark. 123, 116 S.W.2d 358 (1938); Clayton v. State, 191 Ark. 1070, 89 S.W.2d 732 (1935) (discussing ra......
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Clark v. State
...objecting party must ask the court to limit the evidence to the admissible purpose or the objection is wholly unavailing. Amos v. State, 209 Ark. 55, 189 S.W.2d 611; Edens v. State, 235 Ark. 996, 363 S.W.2d 923. The record fails to reveal any request on behalf of appellant for a limiting Ap......
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...about particular conduct of appellant was permissible in order to test the value of the knowledge of the witness. Amos v. State, 209 Ark. 55, 189 S.W.2d 611. The inquiry was obviously made in good faith, because appellant testified that he had been living with a woman for a longer period of......
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Jackson v. State
...but he is in no position to complain that it was not., because he did not ask the court for a limiting instruction. Amos v. State, 209 Ark. 55, 189 S.W.2d 611. Appellant also contends that the evidence was not sufficient to support the jury's verdict against him. He argues that there is no ......