Legal Opinion
McLaughlin v. State
Supreme Court of Arkansas
Decided February 22, 1915PublishedCited by 3 opinions
Appeal from Franklin Circuit Court, Ozark District; Jeptha H. Evans, Judge; The indictment charges no crime. The evidence is wholly insufficient to convict .and the instructions are ■ misleading. 1. The indictment sufficiently charges the crime. 60 Ark. 521; 79 Id. 293. 2. There is no bill of exceptions. It was not filed in time. 96 Ark. 175; 169 S. W. 790.
1Opinion of the CourtSmith, J.
Appellant was convicted of the crime of rape under the following indictment (omitting formal' parts) :
“The said Neal McLaughlin, on the 14th day of June, 1914, in the county and district aforesaid, in and upon one Martha Byford, a female person, forcibly, violently, and feloniously did rape and assault her, the said Martha Byford, then and there violently, forcibly and against her will and consent feloniously did ravish-and carnally know, against the peace and dignity of the State of Arkansas.”
It is insisted that the indictment is bad, and does not charge a crime, in that the “assault” is not…
2Cases cited3 opinions
- Beard v. StateSupreme Court of Arkansas · 1906
- Green v. StateSupreme Court of Arkansas · 1910
- Downs v. StateSupreme Court of Arkansas · 1895
3Cited by3 opinions
- Lonnie Mitchell v. Dan D. Stephens, Superintendent of Arkansas State PenitentiaryCourt of Appeals for the Eighth Circuit · 1965
- Riley v. StateSupreme Court of Arkansas · 1915
- Royal v. StateSupreme Court of Arkansas · 1947