Perryman v. State, 5234
| Decision Date | 01 May 1967 |
| Docket Number | No. 5234,5234 |
| Citation | 242 Ark. 461,414 S.W.2d 91 |
| Parties | Charles PERRYMAN v. STATE of Arkansas. |
| Court | Arkansas Supreme Court |
Joe Purcell, Atty. Gen., Don Langston, Asst. Atty. Gen., Little Rock, for appellee.
The appellant was convicted of having indecently exposed himself to a girl under the age of sixteen. Ark.Stat.Ann. (Repl.1964) §§ 41--1127 and 41--1129. The jury fixed his punishment at imprisonment for six months. The testimony of the prosecuting witness and of another high-school student who was present when the incident occurred was amply sufficient to support the verdict.
The court did not err in allowing the fifteen-year-old prosecutrix to testify. In criminal cases the trial judge is given wide discretion in determining the competency of a minor as a witness. Harris v. State, 238 Ark. 780, 384 S.W.2d 477 (1964). There was no abuse of discretion here. Quite the opposite, the record suggests no basis for questioning the competency of this witness. Nor did the court err in refusing to permit defense counsel to delay his opening statement to the jury until the State had rested its case. That exact point was decided in McDaniels v. State, 187 Ark. 1163 (mem.), 63 S.W.2d 335 (1933).
Affirmed.
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...constitute a waiver. See Ark.Stat.Ann. §§ 43--2110--2111 (Repl.1964); McDaniels v. State, 187 Ark. 1163, 63 S.W.2d 335; Perryman v. State, 242 Ark. 461, 414 S.W.2d 91. We need not dwell upon the importance of an opening statement by which a party may alert the jury for critical points to be......
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...statement until after presentation of the State's evidence has been upheld. Black v. State, 308 So.2d 79 (Miss.1975); Perryman v. State, 242 Ark. 461, 414 S.W.2d 91 (1967). We hold both the granting and timing of opening statements are matters within the discretion of the trial judge. In th......
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...is required to make his opening statement immediately after the state's case and failure to do so is deemed a waiver. Perryman v. State, 242 Ark. 461, 414 S.W.2d 91 (1967). In Jackson, the appellant's attorney stated he would like to reserve his opening statement until the closing of the st......
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