Downs v. State
Supreme Court of Arkansas
Appeal from Conway Circuit Court. Jeremiah G. W abb ace, Judge. The word “upon” renders the indictment uncertain. 27 A. & E. Ene. Law, p. 699. The word “upon” can not be stricken out as surplusage. Whart. Cr. PI. & Pr. secs. 158 (8 ed.); 10 A. & E. Ene.
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Appeal from Conway Circuit Court. Jeremiah G. W abb ace, Judge. The word “upon” renders the indictment uncertain. 27 A. & E. Ene. Law, p. 699. The word “upon” can not be stricken out as surplusage. Whart. Cr. PI. & Pr. secs. 158 (8 ed.); 10 A. & E. Ene. Law, pp. 545-6,554. The indictment was not good at common law. 29 Ark. 147; const, art. 2, sec. 8; 140 N. Y. 134. See 26 Ark. 330; 27 id. 493 ; 34 id. 263; 37 id. 408 ; 41 id. 359; 43 id. 93; 22 S. W. 955. “No indictment is insufficient, nor can the trial judgment or other proceedings thereon be affected by any defect which does not tend…
1Opinion of the CourtBatteE, J.
Appellant was indicted for and convicted of rape. The indictment against him, omitting the caption, is as follows : “The grand jury of Conway county, in the name and by the authority of the State of Arkansas, accuse Will Downs, of the crime of rape, committed as follows, to'wit: The said Will Downs, in the county and State aforesaid, on the first day of December, 1894, in and upon one Polly Bridenbough, a female, forcibly and feloniously did make an assault, and upon her the said Polly Bridenbough, then and there, forcibly and against her will, feloniously did ravish and carnally know,…
2Cited by3 opinions
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