Legal Opinion

Shands v. State

Supreme Court of Arkansas

Decided May 17, 1915PublishedCited by 12 opinions

Appeal from ¡Sevier 'Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. This appeal has been prosecuted from a judgment pronounced upon the verdict of a jury finding appellant guilty of the crime of carnal abuse, and fixing his punishment at imprisonment in the penitentiary for the period of one year. Appellant has not favored us with any brief in the case, hut we have carefully considered the errors assigned in the motion for a new trial.

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Appeal from ¡Sevier 'Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. This appeal has been prosecuted from a judgment pronounced upon the verdict of a jury finding appellant guilty of the crime of carnal abuse, and fixing his punishment at imprisonment in the penitentiary for the period of one year. Appellant has not favored us with any brief in the case, hut we have carefully considered the errors assigned in the motion for a new trial. The principal question in the case appears to be whether or not the evidence is legally sufficient to sustain the conviction. The girl…

1Opinion of the Court

Smith, J.,

(after stating the facts). 'Convictions in cases of this kind do not depend solely upon the evidence of the prosecuting witness, and a conviction may be had where the proof is sufficient to establish the guilt of the accused, beyond a reasonable doubt, without reference to the testimony of the girl, alleged to have been oarnaily abused. Such cases are, of course, unusual, but the beneficent purpose of the law to protect the virtue of girls, who have not reached the age of discretion, might in many cases be defeated if the law were otherwise. In this case, however, we should hold the…

2Cases cited1 opinion

  1. Williams v. CantwellSupreme Court of Arkansas · 1914

3Cited by12 opinions

  1. Bill C. Harris Construction Co. v. PowersSupreme Court of Arkansas · 1977
  2. Doran v. StateSupreme Court of Arkansas · 1920
  3. Henderson v. StateSupreme Court of Arkansas · 1974
  4. Humpolak v. StateSupreme Court of Arkansas · 1927
  5. Fisher v. StateSupreme Court of Arkansas · 1966

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