Gray v. State
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District. J. F. Gautney, Judge; 1. The verdict is contrary to the evidence. It fails to show intercourse or that the girl was under the age of sixteen years.
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Appeal from Clay Circuit Court, Western District. J. F. Gautney, Judge; 1. The verdict is contrary to the evidence. It fails to show intercourse or that the girl was under the age of sixteen years. Her own testimony shows her to be unworthy of belief — she was simply a prostitute. 2. The court erred in refusing instructions 1, 2 and 3 asked for by defendant, and in refusing to strike out the affidavit of Mrs. Gray in applying for letters of guardianship, as incompetent. 1. The verdict is responsive to the evidence and isx ample to prove the age and the acts. 2. The instructions asked were…
1Opinion of the CourtSmith, J.
Appellant seeks by this appeal to reverse the judgment of the Clay circuit court convicting him of the crime of carnal abuse, alleged to have been committed by carnally knowing one Nellie Nelson, a female under the age of sixteen years.
He strongly insists that the verdict is not supported by the evidence in that it fails to show the act of intercourse, or that the girl was under the age of sixteen at the time of the alleged act.
(1-2) The evidence is far from satisfying, but we cannot say that it is not legally sufficient to sustain the verdict. A child was born to the prosecutrix, and while…
2Cases cited1 opinion
- St. Louis Southwestern Railway Co. v. MitchellSupreme Court of Arkansas · 1914
3Cited by2 opinions
- Amos v. StateSupreme Court of Arkansas · 1945
- Morgan v. StateSupreme Court of Arkansas · 1934