Bethel v. State
| Decision Date | 04 November 1929 |
| Docket Number | 178 |
| Citation | 21 S.W.2d 176,180 Ark. 290 |
| Parties | BETHEL AND WALLACE v. STATE |
| Court | Arkansas Supreme Court |
Appeal from Mississippi Circuit Court, Chickasawba District; G. E Keck, Judge; affirmed.
Case affirmed.
O H. Hurst, W. A. Jackson and E. E. Alexander, for appellant.
Hal L. Norwood, Attorney General, and Pat Mehaffy, Assistant, for appellee.
Appellants were indicted on a charge of rape. On a former trial they were convicted, and sentenced to death by electrocution. An appeal to this court resulted in a reversal for a new trial. The facts are stated in the opinion on the former appeal, Bethel and Wallace v. State, 178 Ark. 277, 10 S.W.2d 370, and we will not repeat them here, as they are substantially the same, and no question of fact is involved in this appeal. The trial in this case resulted in a verdict of guilty of assault with intent to rape, with a sentence of 18 years in the penitentiary.
Appellants urge two assignments of error, numbers 6 and 7, in the motion for a new trial, as grounds for a reversal. First, that "the court erred in refusing to rebuke the deputy prosecuting attorney, after his abuse of the defendants in his opening statement in the presence of the jury, after the court told the jury that the prosecuting attorney had no right to make such statements and that they were improper." Second,
Relative to the first ground of error specified, it would be a sufficient answer to say that it is too general to point out to the trial court the particular language constituting the abuse complained of, and too general to present a question for review by this court. Neither in the assignment nor in the brief have counsel set out the language objected to which would call for a rebuke from the court. An examination of the record and the assignment discloses the fact that the court sustained counsel's objections to certain remarks of the deputy prosecuting attorney in his opening statement, and instructed the jury not to consider them because they were improper. Nor does the record disclose any request from counsel that the State's attorney be rebuked. On objections being made, they were promptly sustained, and, in the absence of a request for a reprimand, no error has...
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... ... In State v. Welling, 1936, 6 O. O. 371, a bastardy proceeding, an application by defendant for the making of blood grouping tests was granted ... The Arkansas Court in Bethel et al. v. State, 178 Ark. 277, 10 S.W. 2d 370; Id., 180 Ark. 290, 21 S.W.2d 176, after considering the Missouri cases and quoting from that part of ... ...
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Petty v. State, 5374
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