Burnett v. State
Supreme Court of Arkansas
Appeal from Pope Circuit Court. DaniEE B. Granger, Special Judge. STATEMENT BY THE COURT. Appellant was indicted, tried and convicted of the crime of seduction, alleged to have been committed by obtaining carnal knowledge of Fannie Bruton, an unmarried woman, by virtue of a false promise of marriage. The case was here on a former appeal (72 Ark. 398), and after it was reversed and remanded he was again tried and convicted, and again appeals to this court.
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Appeal from Pope Circuit Court. DaniEE B. Granger, Special Judge. STATEMENT BY THE COURT. Appellant was indicted, tried and convicted of the crime of seduction, alleged to have been committed by obtaining carnal knowledge of Fannie Bruton, an unmarried woman, by virtue of a false promise of marriage. The case was here on a former appeal (72 Ark. 398), and after it was reversed and remanded he was again tried and convicted, and again appeals to this court. Section 2044 of Kirby’s Digest is unconstitutional. 24 Ark. 91; 46 Ark. no; 76 Ala. 482; 4 Am. & Enc. PI. & Pr. 825; Cooley, Const. Lim.…
1Opinion of the Court
McCueeoch, J.,
(after stating the facts.) 1. During a former trial of appellant for the offense, and after the jury had been impaneled and sworn and the testimony introduced, appellant and the prosecuting witness, Fannie Bruton, procured a license, and were duly married in open court, and the court thereupon suspended the trial, discharged the jury, and continued the case. In the last trial, in which the judgment of conviction was rendered from which he now appeals, he interposed a plea of former acquittal, and introduced in support of the plea the record of the former suspended trial.
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2Cases cited2 opinions
- Atkins v. StateSupreme Court of Arkansas · 1855
- Whitmore v. StateSupreme Court of Arkansas · 1884
3Cited by8 opinions
- Phillips v. StateSupreme Court of Arkansas · 1999
- Martin v. StateSupreme Court of Arkansas · 1924
- Woods v. StateSupreme Court of Arkansas · 1985
- State v. FlemingNorth Dakota Supreme Court · 1910
- State v. SalmeierWashington Supreme Court · 1928
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