{ "id": 1501059, "name": "Littlejohn v. State", "name_abbreviation": "Littlejohn v. State", "decision_date": "1905-09-30", "docket_number": "", "first_page": "481", "last_page": "482", "citations": [ { "type": "official", "cite": "76 Ark. 481" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "72 Ark. 427", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1505522 ], "opinion_index": -1, "case_paths": [ "/ark/72/0427-01" ] }, { "cite": "71 Ark. 403", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1507783 ], "opinion_index": -1, "case_paths": [ "/ark/71/0403-01" ] }, { "cite": "20 Ark. 305", "category": "reporters:state", "reporter": "Ark.", "opinion_index": -1 }, { "cite": "70 Ark. 235", "category": "reporters:state", "reporter": "Ark.", "opinion_index": -1 }, { "cite": "6 Ark. 157", "category": "reporters:state", "reporter": "Ark.", "opinion_index": -1 }, { "cite": "99 N. Y. 140", "category": "reporters:state", "reporter": "N.Y.", "opinion_index": -1 }, { "cite": "54 Ark. 489", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1320417 ], "opinion_index": -1, "case_paths": [ "/ark/54/0489-01" ] }, { "cite": "52 Ark. 303", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1913344 ], "opinion_index": -1, "case_paths": [ "/ark/52/0303-01" ] }, { "cite": "43 Ark. 367", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1894491 ], "opinion_index": -1, "case_paths": [ "/ark/43/0367-01" ] }, { "cite": "58 Ark. 473", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1329174 ], "weight": 2, "opinion_index": -1, "case_paths": [ "/ark/58/0473-01" ] } ], "analysis": { "cardinality": 258, "char_count": 3296, "ocr_confidence": 0.738, "pagerank": { "raw": 7.747644260677764e-08, "percentile": 0.4553973996167344 }, "sha256": "98826346bf718ebdc7b9583422909103818499dfbfdc7df00e9970c9d798f42c", "simhash": "1:70ee713d0ce41c26", "word_count": 568 }, "last_updated": "2023-07-14T17:37:18.445737+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Littlejohn v. State." ], "opinions": [ { "text": "Wood, J.\nAppellant was convicted of an assault with intent to kill one Eli Evans.\nCounsel for appellant urged that the evidence was not sufficient to uphold the conviction. We have examined the record carefully, and in our opinion the evidence is ample to sustain the verdict. It is insisted also that the court erred in permitting witness Josephine Evans to give the number and names of her children, and to tell that appellant was the father of two of them. It appears that Josephine Evans was the stepdaughter of appellant. The prosecuting witness, Eli Evans, was visiting her at appellant\u2019s house on the night of the assault. At that time they were not married. Josephine testified that on the night of the assault sometime after Eli left for his home, her stepfather came in, and she heard him tell her mother that \u201cthat fellow Evans would\u2019nt tell no more lies on him.\u201d The prosecuting witnes Eli Evans, testified positively that appellant assaulted him. Tl testimony of Josephine Evans showing the illicit relations betwec her and appellant was proper as tending to show a motive for' tl assault.\nCounsel contends further that the court erred in not pe mitting the defendant to ask the witness W. L. Jeffries the follov ing question: \u201cAfter you heard that the defendant got two shel from his daughter-in-law [stepdaughter], did you not ask tl defendant about it?\u201d And that the court erred in not letting tl: witness W. L. Jeffries answer the following question: \u201cDid n< Foster Littlejohn tell you, while under arrest in Clarendon, th; he borrowed two shells from his daughter-in-law [stepdaughter and did he not tell you that he put the shells on the mantel pieo and that they were there now; and did you not go out there an get the shells ?\u201d These questions were designed. to elicit sel: serving declarations, or might have done so, and the court rule correctly in not permitting the witness to answer them.\nThe alleged remarks of counsel for the State which ar pressed upon us as reversible error are not preserved in the re cord, and there is nothing before us for decision on that ground.\nFinding no error, the judgment is affirmed.", "type": "majority", "author": "Wood, J." } ], "attorneys": [ "Thomas & Lee, for appellant.", "Robert L. Rogers, Attorney General, for appellee." ], "corrections": "", "head_matter": "Littlejohn v. State.\nOpinion delivered September 30, 1905.\n1. Evidence \u2014 motive.\u2014Upon a prosecution of a stepfather for assault with intent to kill.alleged to have been committed upon a young man who was visiting his stepdaughter, it was admissible to prove that defendant had maintained illicit relations with his stepdaughter, as tending to show a motive for the assault. (Page 481.)\n2. Same \u2014 hearsay.\u2014Self-serving declarations of the accused cannot be proved in his' behalf. (Page 482.)\nAppeal from Monroe Circuit Court.\nGeorge M. Chapeine, Judge.\nAffirmed.\nThomas & Lee, for appellant.\nThe court erred in permitting the witness Josephine Evans to give the number and names of her children. 58 Ark. 473. Eacts which go to prove another offense distinct from the offense charged should not be admitted. 43 Ark. 367; 52 Ark. 303; 54 Ark. 489. The evidence of W. E. Jeffries in- regard to the two shells should have been admitted. 14 Cent. Dig. \u00a7 \u00a7 861, 862; 99 N. Y. 140. The argument of counsel for the State was improper. 58 Ark. 473; 6 Ark. 157; 70 Ark. 235; 20 Ark. 305; 71 Ark. 403; 72 Ark. 427.\nRobert L. Rogers, Attorney General, for appellee." }, "file_name": "0481-01", "first_page_order": 503, "last_page_order": 504 }