Smedley v. State
Supreme Court of Arkansas
Appeal from Pike Circuit Court; Jefferson T. Cowling, Judge; 1. ■ The motion for continuance should have been granted. The testimony was material and due diligence shown, 55 S. W. 204; 42 Ark. 273-; 60 Id: 564. 2. The indictment alleged that defendant and the. prosecutrix were both unmarried. There is not a syllable of proof that either of them were single.
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Appeal from Pike Circuit Court; Jefferson T. Cowling, Judge; 1. ■ The motion for continuance should have been granted. The testimony was material and due diligence shown, 55 S. W. 204; 42 Ark. 273-; 60 Id: 564. 2. The indictment alleged that defendant and the. prosecutrix were both unmarried. There is not a syllable of proof that either of them were single. The burden was on the State to prove the allegation. 35 Cyc. 1345; 93 Cal. 74; 108 Mo. 658; 1 Wis. 209; 114 Ark. 310; 8 R. C. L. 219. 3. There was no corroboration of the prosecutrix, unless it be certain admissions of defendant. The…
1Opinion of the CourtWood, J.
Appellant was indicted at the March term, 1917, of the Pike Circuit Court for the crime of seduction, the indictment charging that Will Smedley, ‘ ‘ on the 1st day of April, 1916, being a single and unmarried man, did unlawfully and feloniously obtain carnal knowledge of one Rosa Jackson, a single and unmarried female, by false expressed promise of marriage, ’ ’ etc.
I. The indictment was returned on the 21st of March. Appellant was arrested on that day. The case was called for trial on March 26. Appellant moved for a continuance, setting up that one Mike Hamilton was a material witness in his…
2Cases cited11 opinions
- Brewer v. StateSupreme Court of Arkansas · 1904
- Jackson v. StateSupreme Court of Arkansas · 1910
- Striplin v. StateSupreme Court of Arkansas · 1911
- McLemore v. StateSupreme Court of Arkansas · 1914
- Wilhite v. StateSupreme Court of Arkansas · 1907
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3Cited by5 opinions
- Dowell v. StateSupreme Court of Arkansas · 1935
- Edgeman v. StateSupreme Court of Arkansas · 1931
- Courtney v. StateSupreme Court of Arkansas · 1972
- Holub v. StateSupreme Court of Arkansas · 1917
- Jackson v. StateSupreme Court of Arkansas · 1922