Stricklin v. State
| Decision Date | 19 September 1994 |
| Docket Number | No. CR,CR |
| Citation | 318 Ark. 36,883 S.W.2d 465 |
| Parties | David W. STRICKLIN, Appellant, v. STATE of Arkansas, Appellee. 94-303. |
| Court | Arkansas Supreme Court |
Joe Kelly Hardin, Benton, for appellant.
Sandy Moll, Asst. Atty. Gen., Little Rock, for appellee.
Appellant, David Stricklin, appeals from a judgment of the Saline County Circuit Court convicting him of seven counts of rape of his two minor daughters over the period beginning in 1992 and ending on or about May 1, 1993; counts 1, 2 and 3 of the information concerned the rape on three separate occasions of the ten-year-old victim and counts 4, 5, 6 and 7 of the information concerned the rape on four separate occasions of the eleven-year-old victim. After a bench trial, appellant was found guilty on all counts by judgment filed on December 28, 1993, and was sentenced on each count as an habitual offender to a term of forty-six years imprisonment in the Arkansas Department of Correction to run concurrently. We affirm the judgment of convictions.
On appeal, appellant argues the trial court erred in denying his motions for directed verdict made with respect to each count at the conclusion of the State's evidence and renewed at the close of all evidence. Point one of the appeal concerns the denial of the directed verdict motions as to counts 1 through 3; point two of the appeal concerns the denial of the directed verdict motions as to counts 4 through 7.
We summarize appellant's directed verdict motions at trial as follows: at the close of the State's evidence, appellant moved for a directed verdict as to each count and argued the following three grounds for the motions--first, specifically, as to counts 4 through 7, the evidence did not prove appellant touched the victim anally with his finger, penis or any foreign object, or penetrated her "penilely," or had sexual intercourse with her; second, specifically, as to all counts, but particularly counts 1 through 3, the medical evidence did not prove the crimes charged ever took place in that it did not prove penetration of the victim; and third, as to all counts, the State's evidence did not satisfy its burden to present proof beyond a reasonable doubt. As to this third ground, appellant noted generally the victims' testimony had changed from their pretrial statements, and noted two specific instances where the eleven-year-old victim had done so: (1) she testified first yes and then no when asked if the ten-year-old victim told...
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Durham v. State
...pains in this area to assure that the trial court is apprised of the same arguments that are raised to us on appeal. Stricklin v. State, 318 Ark. 36, 883 S.W.2d 465 (1994). But neither series of cases militates against the renewal of the same earlier, specific directed verdict motion at the......
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Strickland v. State
...for appeal. In support of the argument the State relies on Igwe v. State, 312 Ark. 220, 849 S.W.2d 462 (1993), and Stricklin v. State, 318 Ark. 36, 883 S.W.2d 465 (1994). In the Igwe case, the appellant was convicted in a bench trial and appealed questioning the sufficiency of the evidence.......
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Oglesby v. Baptist Medical System
...We have long held that we will not consider matters which the party has failed to raise before the trial court. Stricklin v. State, 318 Ark. 36, 883 S.W.2d 465 (1994); Bryant v. Public Service Commission, 46 Ark.App. 88, 877 S.W.2d 594 (1994); Brown v. Seeco, Inc., 316 Ark. 336, 871 S.W.2d ......
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Harris v. State, CR
...an objection on appeal, but are bound on appeal by the scope and nature of their objections as presented at trial. Stricklin v. State, 318 Ark. 36, 883 S.W.2d 465 (1994). In his fifth argument, Harris complains that he was not allowed to testify that the victim's father, Frank Brock, physic......