Legal Opinion

Nations v. State

Supreme Court of Arkansas

Decided November 27, 1897PublishedCited by 7 opinions

Appeal from Franklin Circuit Court. Jephtha H. Evans, Judge. STATEMENT BY THE COURT. The appellant, Will Nations, was indicted by tbe grand jury of the Ozark district, Franklin county, for the crime of incest.

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Appeal from Franklin Circuit Court. Jephtha H. Evans, Judge. STATEMENT BY THE COURT. The appellant, Will Nations, was indicted by tbe grand jury of the Ozark district, Franklin county, for the crime of incest. The indictment, after proper averments of time, place, etc., alleges that the appellant “did unlawfully, feloniously and ineestuously commit adultery with one Ella Branham, a single and unmarried female person, by then and there feloniously and ineestuously having carnal knowledge of her, the said Ella Branham,—he, the said Will Nations, and she, the said Ella Branham, then and there…

1Opinion of the Court

Riddick, J.,

(after stating the facts.) The only question we need consider in this case is whether the laws of this state prohibit and punish adultery committed between first cousins. Our statute provides that “persons marrying, who are within the degrees of consanguinity within which marriages are declared by law to be incestuous or void absolutely, or who shall commit adultery or fornication with each other, shall be deemed guilty of incest.” The punishment for such crime is imprisonment in the penitentiary. Sand. &' H. Dig., §§ 1689, 1690. At the time this statute was enacted the law…

2Cases cited5 opinions

  1. State v. HaysSupreme Court of Missouri · 1883
  2. Scales v. StateSupreme Court of Arkansas · 1886
  3. Little Rock v. QuindleySupreme Court of Arkansas · 1896
  4. State v. FrittsSupreme Court of Arkansas · 1886
  5. State v. KiddIndiana Supreme Court · 1881

3Cited by7 opinions

  1. Coal & Coke Ry. Co. v. ConleyWest Virginia Supreme Court · 1910
  2. Lafargue v. WaggonerSupreme Court of Arkansas · 1934
  3. Taaffe v. SandersonSupreme Court of Arkansas · 1927
  4. People v. KrieselMichigan Supreme Court · 1904
  5. Lafargue v. WaggonerSupreme Court of Arkansas · 1934

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