State v. Lamb

This is a case of novel impression in this court. There is but one question to be answered. Is the term “half sister” included in the term “sister,” as found in the statute defining void marriages? Section 10445, Code of 1927. Stating the question presented in another form: Does the indictment charge a crime (incest), as defined in Section 12978, Code of 1927?

This court recognizes the rule that a conviction for crime will not be affirmed where no crime is charged in the indictment, irrespective of the diligence of the appellant in pointing out the defect to the trial court. State v. Daniels,…