Gaston v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; The verdict is not supported by the evidence. 48 Ark. 66; 58 Ark. 3; 61 Ark. 62; 6 Conn. 4x7. The evidence showed rape conclusively, and the former jury must have acquitted appellant because of the improbability of witness’ story. 20 Ore. 427; 141 Mo. 281; 2 Mont. 193; 22 O. St. 541; 36 Pac. 302; 74 Mo. 395; 21 Neb. 171. An acquittal on charge of rape does not bar a prosecution for incest. 60 Am.
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Appeal from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; The verdict is not supported by the evidence. 48 Ark. 66; 58 Ark. 3; 61 Ark. 62; 6 Conn. 4x7. The evidence showed rape conclusively, and the former jury must have acquitted appellant because of the improbability of witness’ story. 20 Ore. 427; 141 Mo. 281; 2 Mont. 193; 22 O. St. 541; 36 Pac. 302; 74 Mo. 395; 21 Neb. 171. An acquittal on charge of rape does not bar a prosecution for incest. 60 Am. St. R. 35. A party may be convicted of incest though he accomplish his purpose by such means as would make it rape. 19 So.…
1Opinion of the CourtFrauenthal, J.
The defendant, James Gaston, was convicted of the crime of incest, and he has appealed to this court to obtain a reversal of the judgment of conviction. The testimony on the part of the State tended to prove that the defendant was a married man, and the father of Annie Martin, and that he did have carnal knowledge of his said daughter. The principal witness on behalf of the State was the daughter; and the testimony tended to prove that the defendant obtained the sexual intercourse with her without her consent and forcibly and against her will. It is urged that, in order to constitute the…
2Cases cited11 opinions
- Vaughan v. StateSupreme Court of Arkansas · 1894
- Holder v. StateSupreme Court of Arkansas · 1894
- Porath v. StateWisconsin Supreme Court · 1895
- Norton v. StateIndiana Supreme Court · 1886
- State v. EllisSupreme Court of Missouri · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lusby v. StateCourt of Appeals of Maryland · 1958
- Cole v. StateSupreme Court of Arkansas · 1922
- Knowles v. StateSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. DevaneySupreme Court of Arkansas · 1911
- People v. HopkinsNew York Supreme Court · 1963
3 more not listed; retrieve them via the Exa API.