State v. Williams
Supreme Court of Arkansas
Appeal from Independence Circuit Court. Jas. W. Butler, Special Judge. The defect in the instrument was immaterial, since the offense was a joint one. Rap. Cr. Proc. § 83; Clark, Cr. Proc. 341. “Hyde” and “Hite” are idems sonans. Rap. Cr. Proc. § 83; Clark, Cr. Proc. 341; Whart. Cr. PI. & Pr. § 119. De minimis lex non curat. 53 Am. Dec. 137. Whether the names were idem sonans was for the jury. Authorities supra.
1Opinion of the CourtBunn, C. J.
The material part of the indictment charges that “the said Josephus Williams, being a man, and May Hite, being a woman, in the county and state aforesaid, on the 1st day of November, 1898, did unlawfully cohabit together as husband and wife, without being married.” Upon a plea of “not guilty,” a jury was impaneled to try the issues, and the state offered the following testimony: Monroe Claxton testified that he was acquainted with defendant Williams; that he did not know a woman by the name of May Hite, but he knew May Hyde; that defendant and the woman Hyde lived together in the same house…
2Cases cited1 opinion
- Commonwealth v. WarrenMassachusetts Supreme Judicial Court · 1887
3Cited by4 opinions
- Evans v. StateIndiana Supreme Court · 1927
- State v. AlvaNew Mexico Supreme Court · 1913
- Bennett v. StateSupreme Court of Arkansas · 1907
- Mooney v. StateSupreme Court of Arkansas · 1919