Lee v. State
Supreme Court of Arkansas
Appeal from Greene Circuit Court; W. J. Driver, Judge; reversed. The cause should be reversed because of a fatal variance between the allegation in the indictment as to the location of appellant’s house, and the proof thereof.
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Appeal from Greene Circuit Court; W. J. Driver, Judge; reversed. The cause should be reversed because of a fatal variance between the allegation in the indictment as to the location of appellant’s house, and the proof thereof. The place or house of the appellant was descriptive of the offense, and should have been proved as alleged. 62 Ark 459; 63 Ark 312; 64 Ark 188; Id. 235. The act under which this prosecution is based does not make it material to show the particular place where the crime was committed, further than to prove that it occurred at some place in the State. Acts 1913, p. 407;…
1Opinion of the CourtKirby, J.
Appellant was indicted ¡and convicted for a violation of what is known as the pandering act, for enticing Clarissa Grubbs, a female under the age of sixteen years, to become an inmate of an assignation place and engage in a life of prostitution, the indictment charging this place, towit:
" The home of her, the said Mrs. Lee, * * # said home then and there being situated on Lake Street, in the city of Paragould, Greene County, Arkansas, which said house was then and there a place where prostitution was practiced, encouraged and allowed,” etc.
The testimony is otherwise sufficient to show the…
2Cases cited4 opinions
- Jenks v. StateSupreme Court of Arkansas · 1896
- Bryant v. StateSupreme Court of Arkansas · 1896
- Keoun v. StateSupreme Court of Arkansas · 1897
- Adams v. StateSupreme Court of Arkansas · 1897
3Cited by3 opinions
- Pritchett v. StateSupreme Court of Arkansas · 1923
- Hill v. StateSupreme Court of Arkansas · 1932
- State v. WilsonSupreme Court of Arkansas · 1915