{
  "id": 8722083,
  "name": "James BARTON Jr. v. STATE OF ARKANSAS",
  "name_abbreviation": "Barton v. State",
  "decision_date": "1974-05-06",
  "docket_number": "CR 74-1",
  "first_page": "486",
  "last_page": "488",
  "citations": [
    {
      "type": "official",
      "cite": "256 Ark. 486"
    },
    {
      "type": "parallel",
      "cite": "508 S.W.2d 554"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "251 Ark. 436",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1633224
      ],
      "weight": 2,
      "year": 1971,
      "opinion_index": 0,
      "case_paths": [
        "/ark/251/0436-01"
      ]
    },
    {
      "cite": "164 U.S. 644",
      "category": "reporters:federal",
      "reporter": "U.S.",
      "case_ids": [
        3591241
      ],
      "year": 1897,
      "opinion_index": 0,
      "case_paths": [
        "/us/164/0644-01"
      ]
    }
  ],
  "analysis": {
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    "sha256": "6b581fd0496289da38f2385b24b041c316932e608f92044aabd9b774a33d31a8",
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  "last_updated": "2023-07-14T14:44:14.527021+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "James BARTON Jr. v. STATE OF ARKANSAS"
    ],
    "opinions": [
      {
        "text": "George Rose Smith, Justice.\nThe appellant was charged with first-degree rape and first-degree kidnaping. Ark. Stat. Ann. \u00a7\u00a7 41-3401 and 41-2308 (Supp. 1973). The jury returned a verdict of guilty upon each charge and imposed a 99-year sentence for the crime of rape and a 20-year sentence for the crime of kidnaping. Two points for reversal are urged by the public defender.\nFirst, the sufficiency of the evidence to support the rape conviction is questioned. The point is without merit. The prosecutrix, working alone in an office as a tax consultant, became suspicious of the appellant\u2019s conduct and succeeded in expressing her fears by telephone to her supervisor, who notified the city police. When the prosecutrix hung up the telephone, the defendant produced a pistol, forced her to .accompany him to a nearby vacant building, and committed what the prosecutrix described as three acts of rape. The police arrived while the two were still in the building and testified at the trial that the defendant had a pistol and that the prosecutrix was nude. There was other corroborating proof that we need not detail.\nCounsel for the appellant, citing Mills v. United States, 164 U.S. 644 (1897), insists that the prosecutrix's failure to make any outcry should be taken to indicate consent on her part. The short answer to that contention is that the woman was acting at gunpoint, from which the jury evidently found that her submission was not voluntary. Counsel also discusses certain minor time discrepancies in the testimony, but at most they raised an issue of credibility for the jury.\nThe second point for reversal relates to the admissibility of the appellant\u2019s statement to the officers. We find no error. The officers\u2019 explanation of the accused\u2019s rights was not deficient, as it was in Moore v. State, 251 Ark. 436, 472 S.W. 2d 940 (1971), where the explanation stated that a lawyer would be appointed for the accused if and when he went to court. Here the officers used a form which stated that \u201c1 have the right to talk with an attorney, either retained by me or appointed by the court, before giving a statement, and to have my attorney present when answering any questions.\u201d Thus the defect that existed in Moore was not present in the case at bar.\nAffirmed.",
        "type": "majority",
        "author": "George Rose Smith, Justice."
      }
    ],
    "attorneys": [
      "Harold L. Hall, Public Defender for appellant.",
      "Jim Guy Tucker, Atty. Gen., by: Richard Mattison, Asst. Atty. Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "James BARTON Jr. v. STATE OF ARKANSAS\nCR 74-1\n508 S.W. 2d 554\nOpinion delivered May 6, 1974\nHarold L. Hall, Public Defender for appellant.\nJim Guy Tucker, Atty. Gen., by: Richard Mattison, Asst. Atty. Gen., for appellee."
  },
  "file_name": "0486-01",
  "first_page_order": 522,
  "last_page_order": 524
}