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71 Ark. 62

Puckett v. State

Supreme Court of Arkansas

Decided November 29, 1902

Supreme Court of Arkansas · decided 1902-11-29

Wm. L. Moose, Judge. STATEMENT BY THE COURT. The appellant, Charlie Puckett, was indicted for the crime of seduction, charging that he unlawfully, on the 15th day of June, 1901, did obtain carnal knowledge of Nora Dunn by virtue of a false express promise of marriage to her previously made by said Charlie Puckett.

Relies on Edmonds v. State · Collins v. Karatopsky · Winter v. Bandel

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1902-11-29

How this case has been cited

Cited by 20 later decisions — most recently May 1922

20 state decisions

110190219101920decided

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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Hughes, J.

¶1(after stating tbe facts). Continuances are largely in the discretion of the court, and that discretion will not be controlled, unless there is a manifest abuse of it. Burriss v. Wise, 2 Ark. 33; Stillwell v. Badgett, 22 Ark. 164; Edmonds v. State, 34 Ark. 720; Thompson v. State, 36 Ark. 323.

¶2In this case the appellant in his application has shown no diligence to obtain the presence of his witnesses. He merely states in his application that he had used due diligence, which was not sufficient. He should have stated what he had done, and it was with thp court to determine whether it was due diligence or not. Winter v. Bandel, 30 Ark. 366; Harsh v. Hanauer, 15 Ark. 252.

¶3There was no error in overruling his motion for continuance.

¶4As to the fifth instruction asked by the appellant, there was no error in refusing it, for the reason that there was no evidence tending to show that, previous to her seduction by the appellant, her character for chastity was not good. The instruction asked was abstract, and was properly refused.

¶5We do not think there is any reversible error in the remarks made by R. B. Wilson, counsel for the state, in his closing argument to the jury.

¶6Finding no error, the judgment is affirmed.

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