State v. Fritts
Supreme Court of Arkansas
APPEAL from Carroll Circuit Court. Hou. J. M. Pittman, Judge. The appellees were indicted for incest, they being first cousins, and the indictment was overruled on demurrer. It was drawn in strict conformity with secs. 1578 and 1¡JÓ9^, '''Mans. Dig. The former section declared that persons within the prohibited degree of matrimony who should commit adultery or fornication should be guilty of incest; the latter declares marriages between first cousins to be absolutely void.
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APPEAL from Carroll Circuit Court. Hou. J. M. Pittman, Judge. The appellees were indicted for incest, they being first cousins, and the indictment was overruled on demurrer. It was drawn in strict conformity with secs. 1578 and 1¡JÓ9^, '''Mans. Dig. The former section declared that persons within the prohibited degree of matrimony who should commit adultery or fornication should be guilty of incest; the latter declares marriages between first cousins to be absolutely void. Though it was enacted subsequently to the first, yet it was enacted prior to the commission of the offense, and the…
1Opinion of the CourtSmith, J.
The indictment in the case first above mentioned charged that the defendants “in the said county of Carroll, etc., on the 20th day of December, 1884, unlawfully, wickedly, feloniously and incestuously did cohabit, fornicate, and each other there and then criminally and carnally know, he, the said James Eritts, then and there being a man, and she, the said Mattie Phillips, being a woman, and they, the said James Fritts and Mattie Phillips, then and there being first cousins, against the peace,” etc.
1. Indict-m e n t for incest between cousins.
The indictment in the second case is similar. And…
2Cited by5 opinions
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