Kellensworth v. State

631 S.W.2d 1 (Ark. 1982)

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Nature of the Case

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Facts

D was being tried for rape and burglary. P called D's former wife after the defense rested and the sole purpose of her testimony was to impeach testimony by D and his parents. D's mother had testified that D 'worshipped' his former wife and child. On cross-examination D and his father testified that D loved his former wife. The former wife was allowed to rebut this by testifying that D, at various times, pulled a gun on her, tried to run her off the road, knocked her up against a brick wall, and on a separate occasion struck her. D objected to the testimony, but the trial court allowed it. D was convicted and appealed.