{
  "id": 1884327,
  "name": "Curtis Jean WHITE v. STATE of Arkansas",
  "name_abbreviation": "White v. State",
  "decision_date": "1990-06-25",
  "docket_number": "CR 90-52",
  "first_page": "515",
  "last_page": "516",
  "citations": [
    {
      "type": "official",
      "cite": "302 Ark. 515"
    },
    {
      "type": "parallel",
      "cite": "790 S.W.2d 896"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "771 S.W.2d 16",
      "category": "reporters:state_regional",
      "reporter": "S.W.2d",
      "case_ids": [
        1889841,
        1888346,
        1888363
      ],
      "year": 1989,
      "opinion_index": 0,
      "case_paths": [
        "/ark/298/0605-01",
        "/ark/299/0001-01",
        "/ark/299/0007-01"
      ]
    },
    {
      "cite": "299 Ark. 7",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1888363
      ],
      "year": 1989,
      "opinion_index": 0,
      "case_paths": [
        "/ark/299/0007-01"
      ]
    },
    {
      "cite": "300 Ark. 92",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1886937
      ],
      "weight": 2,
      "year": 1989,
      "opinion_index": 0,
      "case_paths": [
        "/ark/300/0092-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 3074,
    "ocr_confidence": 0.888,
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    "sha256": "3be62d8867b751204762198a979e6dce212b1cb4162692dbf0e2b216f6e805ba",
    "simhash": "1:6d698c336bee78dd",
    "word_count": 520
  },
  "last_updated": "2023-07-14T14:34:09.444418+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Curtis Jean WHITE v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "David Newbern, Justice.\nThe appellant, Curtis Jean White, appeals from a conviction of burglary, robbery, second degree battery, and two counts of rape. He states two points of appeal. The first questions the trial court\u2019s denial of his directed verdict motion which he made at the conclusion of the state\u2019s evidence. The second contends the circumstantial evidence against him was insufficient. We treat the points together and conclude the evidence was sufficient to support the conviction; even if it were not, White waived his right to question sufficiency of the evidence on appeal by failure to move for a directed verdict at the conclusion of all the evidence. We affirm the conviction.\nThe victims were an elderly married couple. Billy Carpenter testified he lived in the same apartment building as the victims and was in his apartment in the early morning August 28,1988. White came to Carpenter\u2019s apartment at 4:00 a.m. and asked Carpenter to lend him $2.00 and engage in fellatio. Carpenter refused both requests. Carpenter testified that White \u201csaid he was going around to the other apartment, in front\u201d meaning that of the victims. Carpenter then heard knocking and banging coming from \u201cin the front part of the building.\u201d Carpenter said White was wearing a straw hat and had it on as he left Carpenter\u2019s apartment headed for the victims\u2019 apartment.\nThe brief for the state argues that the victim\u2019s husband \u201ctestified that the appellant had used a flashlight and hit his wife with it over the head,\u201d and \u201cthe appellant had sex with\u201d the wife. That simply is not so. Neither of the victims identified White as the assailant. The victim wife testified she had seen White earlier cutting grass around their apartment building, but she and her husband both specifically stated they could not identify him as the assailant. The victims testified that their assailant beat the wife, raped her twice, and took $15.00 after breaking in to their apartment. The husband testified that the assailant had a hat and \u201clooked like a colored man.\u201d Curtis Jean White is black.\nThe victims both testified that their assailant was wearing a hat when he entered their apartment. White\u2019s sister, with whom he lived, testified she had seen White earlier in the evening of the night and morning in question at a disco wearing his straw hat. Similar testimony was given by Jimmy Clary who had seen White at the disco and again around midnight, wearing a straw hat.\nThe evidence was sufficient to sustain the conviction, but that does not matter because no motion for directed verdict was made by White at the conclusion of all the evidence. The question of sufficiency of the evidence was not preserved for appeal. Ark. R. Crim. P. 36.21 (b); Remeta v. State, 300 Ark. 92, 777 S.W.2d 833 (1989); Houston v. State, 299 Ark. 7, 771 S.W.2d 16 (1989).\nAffirmed.",
        "type": "majority",
        "author": "David Newbern, Justice."
      }
    ],
    "attorneys": [
      "Clifton Bond, for appellant.",
      "Steve Clark, Att\u2019y Gen., by: Paul L. Cherry, Asst. Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Curtis Jean WHITE v. STATE of Arkansas\nCR 90-52\n790 S.W.2d 896\nSupreme Court of Arkansas\nOpinion delivered June 25, 1990\nClifton Bond, for appellant.\nSteve Clark, Att\u2019y Gen., by: Paul L. Cherry, Asst. Att\u2019y Gen., for appellee."
  },
  "file_name": "0515-01",
  "first_page_order": 543,
  "last_page_order": 544
}