Curtis v. State
Supreme Court of Arkansas
Error to Garland Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. The defendant was convicted in the Garland Circuit Court of the crime of carnal abuse.
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Error to Garland Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. The defendant was convicted in the Garland Circuit Court of the crime of carnal abuse. The indictment (omitting formal parts) charged that: “the said Jesse Curtis in the county and State aforesaid, on the 15th day of December, A. D. 1906, unlawfully and feloniously did make an assault in and upon one Bertha Williams, a female child under the age of consent, tn-wit, of the age of fifteen (15) years, and her, the said Bertha Williams, unlawfully and feloniously did carnally know and abuse.” Defendant demurred to the…
1Opinion of the Court
Wood, J.,
(after stating the facts.) First. The ruling of the court in overruling the demurrer and in refusing to require the prosecuting attorney to elect was correct. The indictment charged but a single offense. Carnal abuse and carnal knowledge, as used in the statute, are synonymous terms.
The allegation that the assault was upon “a female child under the age of consent, to-wit, of the age of 15 years,” was a sufficient allegation that the party assaulted was a female person under the age of sixteen years. It was not necessary for the indictment to charge in express terms that the party…
2Cases cited2 opinions
- Plunkett v. StateSupreme Court of Arkansas · 1904
- Caldwell v. StateSupreme Court of Arkansas · 1904
3Cited by10 opinions
- State v. BellNew Mexico Supreme Court · 1977
- Sharp v. StateIndiana Supreme Court · 1919
- Harris v. StateSupreme Court of Arkansas · 1976
- Scott v. StateNebraska Supreme Court · 1931
- Watt v. StateSupreme Court of Arkansas · 1953
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