Rose v. State
Supreme Court of Arkansas
Appeal from Conway Circuit Court; M. L. Davis, Judge; ■ . 1. The evidence is insufficient to support the verdict. The testimony of the prosecutrix is supported by no evidence whatever. 6 'Cal. 221; 65 Am. Dec. 506. 2. The motion in arrest should have been sustained.
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Appeal from Conway Circuit Court; M. L. Davis, Judge; ■ . 1. The evidence is insufficient to support the verdict. The testimony of the prosecutrix is supported by no evidence whatever. 6 'Cal. 221; 65 Am. Dec. 506. 2. The motion in arrest should have been sustained. Defendant was charged with rape, he could not be convicted of carnal abuse. 54 Ark. 664; 50 Id. 330; 44 Id. 265; 93 Id. 168; 83 Id. 379; 75 Id. 574. ' 3. The cause should ibe reversed because of the improper arguments of counsel for the State. 12 Cyc. 571; 20 Pac. 719; 62 Id. 1035; 32 N. E. 305; 87 Mo. 574; 18 -S. W. 1003; 15 Neb.…
1Opinion of the CourtHart, J.
Appellant was indicted for the offense of rape upon a female under the age of sixteen years and convicted of the offense of carnally knowing her, under section 2008 of Kirby’s Digest.
From a judgment of conviction he has duly prosecuted an appeal to this court.
It is insisted by counsel for appellant that the offense of which he was found guilty, is not in a degree of or included by the one for which he was indicted as provided by section 2413 of Kirby’s Digest.(1) We have decided' that an indictment for rape of a female under the age of sixteen years will sustain a conviction of carnal abuse.…
2Cases cited3 opinions
- Peters v. StateSupreme Court of Arkansas · 1912
- Henson v. StateSupreme Court of Arkansas · 1905
- St. Louis Southwestern Railway Co. v. LeflarSupreme Court of Arkansas · 1912
3Cited by10 opinions
- Caton v. StateSupreme Court of Arkansas · 1972
- Kitchen v. StateSupreme Court of Arkansas · 1980
- Lee v. StateNebraska Supreme Court · 1932
- Powell v. StateSupreme Court of Arkansas · 1921
- Riddick v. StateSupreme Court of Arkansas · 1980
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