Page:Alford v. State.pdf/12

Rh cannot be convicted on Mrs. Austin's testimony of another possible offense."

The majority opinion says: "If other conduct on the part of the accused is independently relevant to the main issue—relevant in the sense of tending to prove some material point rather than merely to prove that the defendant is a criminal—then evidence of that conduct may be admissible, with a proper cautionary instruction by the Court." The Instruction copied above shows that a "proper cautionary instruction" was given in the case at bar.

The majority opinion admits that in some cases, proof of other acts of a similar nature is admissible as bearing on the "knowledge, intent or design"; and the majority opinion cites at least eight situations in which other acts of a similar nature have been held to be admissible by our cases. I take these eight situations and cases from quotations in the majority opinion:  " in trials for incest or carnal abuse the State may show other acts of intercourse between the same parties. Adams v. State, 78 Ark. 16, 92 S. W. 1123; Williams v. State, 156 Ark. 205, 246 S. W. 503." "Again, where the charge involves unnatural sexual acts proof of prior similar offenses has been received. Hummel v. State, 210 Ark. 471, 196 S. W. 2d 594; Roach v. State, 222 Ark. 738, 262 S. W. 2d 647." " in the cases involving guilty knowledge cases involving forgery, counterfeiting, false pretenses, knowledge that an establishment is a gambling house, and many other situations. Cain v. State, 149 Ark. 616, 233 S. W. 779; Holden v. State, 156 Ark. 521, 247 S. W. 768; McCoy v. State, 161 Ark. 568, 257 S. W. 386; Norris v. State, 170 Ark. 484, 280 S. W. 398; Wilson v. State, 184 Ark. 119, 41 S. W. 2d 764; Sibeck v. State, 186 Ark. 194, 53 S. W. 2d 5." In those cases " in that guilt involves a specific mental attitude on the part of the defendant Camp v. State, 144 Ark. 641, 215 S. W. 170. The 