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100 Miss. 796

Frost v. State

Mississippi Supreme Court

Decided October 15, 1911

Mississippi Supreme Court · decided 1911-10-15

Hon. John L. Buckley, Judge. Jim Frost was convicted of rape and appeals. The facts are fully stated in the opinion of the court. Nothing is better settled by this court than the proposition that in a case of this kind the state may show prosecutrix complained soon after the assault' was committed upon her, but it must not be permitted to give the particulars of her complaint or that she charged the defendant with the wrong.

Good law ✅— No negative treatment on recordhow we know

Decided 1911-10-15

How this case has been cited

Cited by 7 later decisions — most recently February 1981

7 state decisions

2019111920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Whitfield, C.

¶1The testimony in this case is vague and inconclusive to the last degree. The prosecutrix contradicts herself on one of the most vital points. In this extremely close case on the facts, the court permitted some half dozen witnesses to testify to what prosecutrix told them about all the details of the alleged offense, and all about the locality where the offense was alleged to have been com*799mitted — the condition of the ground and other things. What these witnesses testified to was nothing that they had any personal knowledge of; but the prosecutrix took them down to the place where she said the alleged offense occurred, and pointed out to them various objects, footprints in the sand, depression in the earth, cáne trampled down, and grass, and told them, moreover, the details of the alleged offense. This was manifest and fatal error.

¶2Per Curiam. The above opinion is adopted as the opinion of the court, and for the reasons therein indicated the judgment is reversed and cause remanded.

¶3Reversed and remanded.

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