State v. Peyton
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; 1. 79 Ark. 293, settles this case. The indictment was good before or after verdict, and the demurrer should have been overruled. The words “forcibly” and “ravish” include “against her will.” Webster, Dict.; 17 Tex. App., 574; 1 Id. 90; 11 Id. 301; 39 Tex. Cr. App. 488; 47 Tex. 226; 7 Tex. App. 625; 44 Ala. 110; 12 Pa. (S. & R.) 69; 6 Minn. 279; 85 Wis. 203; 70 Conn. 104; 50 Barb. 128; 2 Wh. Cr.
Read the full summary
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; 1. 79 Ark. 293, settles this case. The indictment was good before or after verdict, and the demurrer should have been overruled. The words “forcibly” and “ravish” include “against her will.” Webster, Dict.; 17 Tex. App., 574; 1 Id. 90; 11 Id. 301; 39 Tex. Cr. App. 488; 47 Tex. 226; 7 Tex. App. 625; 44 Ala. 110; 12 Pa. (S. & R.) 69; 6 Minn. 279; 85 Wis. 203; 70 Conn. 104; 50 Barb. 128; 2 Wh. Cr. Law, § 1134; 3 Chitty, Cr. Law, 812. 2. The omission of the words “against her will” did not tend to the prejudice of any substantial right…
1Opinion of the CourtMcCulloch, C. J.
The State appeals from a decision of the circuit court of Jefferson County sustaining a demurrer to the following indictment (omitting caption) : “The grand jury of Jefferson County, in the name and by the authority of the State of Arkansas, accuse Arthur Peyton of the crime of rape, committed as follows, to-wit: The said Arthur Peyton, in the county and State aforesaid, on the seventh day of August, A. D. 1909, did then and there wilfully, unlawfully, forcibly and feloniously make an assault on Laura Jones, and her, the said Laura Jones, did then and there feloniously and forcibly ravish and…
2Cases cited4 opinions
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1870
- Beard v. StateSupreme Court of Arkansas · 1906
- Harvey v. StateSupreme Court of Arkansas · 1890
- Jackson v. StateSupreme Court of Georgia · 1902
3Cited by12 opinions
- Harding v. StateSupreme Court of Arkansas · 1910
- Commonwealth v. StephensSuperior Court of Pennsylvania · 1940
- McDonald v. StateSupreme Court of Arkansas · 1955
- Underdown v. StateSupreme Court of Arkansas · 1952
- Quertermous v. StateSupreme Court of Arkansas · 1910
7 more not listed; retrieve them via the Exa API.