{
  "id": 1664966,
  "name": "Leroy BURRIS v. STATE of Arkansas",
  "name_abbreviation": "Burris v. State",
  "decision_date": "1979-04-30",
  "docket_number": "CR 79-17",
  "first_page": "604",
  "last_page": "605",
  "citations": [
    {
      "type": "official",
      "cite": "265 Ark. 604"
    },
    {
      "type": "parallel",
      "cite": "580 S.W.2d 204"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.908,
    "pagerank": {
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    "sha256": "b18bf53af82285ce245c81a7d6dc8da919c7852fe6ab3c0596db3fce2f334dcc",
    "simhash": "1:041c34a6cc0351ea",
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  "last_updated": "2023-07-14T18:31:48.026206+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "We agree. Harris, C.J., and Byrd and Hickman, JJ."
    ],
    "parties": [
      "Leroy BURRIS v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "George Rose Smith, Justice.\nThe appellant, Leroy Burris, was convicted of rape and sentenced to 20 years\u2019 confinement. He contends that the trial court should not have permitted each of two witnesses to testify that the prosecutrix, within a few minutes after the occurrence, stated that she had been raped by Burris. We hold that both statements were admissible.\nThe prosecutrix testified that, in the absence of her husband, Burris forced her into her apartment and raped her. When she managed to escape she ran, nearly naked, to a neighbor\u2019s house and called the police. Officer Worth answered the call and testified that when he reached the house the prosecutrix was \u201cvery hysterical. She was crying, wringing her hands.\u201d It took the officer a few minutes to get her calmed down to where he could get any information from her. She then said that she had been raped by Leroy Burris.\nThe prosecutrix also called her brother within 15 or 20 minutes after the occurrence. He testified that she sounded really hysterical, that she was \u201call shook up\u201d and was crying. At first she wouldn\u2019t say what had happened, but she finally said that she had been raped by Leroy. The witness went to his sister\u2019s apartment and saw her within five minutes after the call. Officer Worth was there, and she was still hysterical and crying.\nThe statements were admissible as being part of what was formerly referred to as the res gestae. The matter is now covered by Rule 803 (2) of the Uniform Rules of Evidence, Ark. Stat. Ann. \u00a7 28-1001 (Supp. 1977), which provides:\nThe following are not excluded by the hearsay rule, even though the declarant is available as a witness: *****\n(2) Excited utterance. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.\nThe trial judge was unquestionably justified in concluding from the testimony that the prosecutrix\u2019s experience had been a \u201cstartling event\u201d and that she was still under the stress of excitement caused by it when she made the two statements. They were therefore admissible under the quoted Rule.\nAffirmed.\nWe agree. Harris, C.J., and Byrd and Hickman, JJ.",
        "type": "majority",
        "author": "George Rose Smith, Justice."
      }
    ],
    "attorneys": [
      "Albert R. Hanna, for appellant.",
      "Steve Clark, Atty. Gen., by: Catherine Anderson, Asst. Atty. Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Leroy BURRIS v. STATE of Arkansas\nCR 79-17\n580 S.W. 2d 204\nOpinion delivered April 30, 1979\n(Division I)\nAlbert R. Hanna, for appellant.\nSteve Clark, Atty. Gen., by: Catherine Anderson, Asst. Atty. Gen., for appellee."
  },
  "file_name": "0604-01",
  "first_page_order": 630,
  "last_page_order": 631
}