Bond v. State
Supreme Court of Arkansas
Appeal from Clay Circuit, Western District. Febix G.' Taybor, Judge. STATEMENT BY THE COURT. The appellant was convicted of carnally abusing a female under the age of sixteen years, and appealed to this court. The injured girl was introduced as a witness, and testified against the defendant, who asked the court to instruct the jury that she was an accomplice, and that he could not be convicted upon her testimony alone, unless the same , was corroborated.
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Appeal from Clay Circuit, Western District. Febix G.' Taybor, Judge. STATEMENT BY THE COURT. The appellant was convicted of carnally abusing a female under the age of sixteen years, and appealed to this court. The injured girl was introduced as a witness, and testified against the defendant, who asked the court to instruct the jury that she was an accomplice, and that he could not be convicted upon her testimony alone, unless the same , was corroborated. This the court refused to do, to which refusal the appellant excepted. There was a change of venue in the case, and the record fails to show…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) Section 1865 of Sandels and Hill’s Digest provides that “every person convicted of carnally knowing or abusing any female person, under the age of sixteen years, shall be imprisoned in the penitentiary for a period, not less than five nor more than twenty-one years.”
A girl under sixteen years is not an accomplice, within the meaning of the law, in case of carnal abuse of herself. She is incapable of consenting. Obtaining carnal knowledge of & girl under sixteen years of age with or without her consent is punishable under this statute. While it has been…
2Cases cited7 opinions
- Welsh v. StateIndiana Supreme Court · 1890
- Polk v. StateSupreme Court of Arkansas · 1885
- Bearden v. StateSupreme Court of Arkansas · 1884
- Whittaker v. CommonwealthCourt of Appeals of Kentucky · 1894
- Brown v. StateSupreme Court of Arkansas · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Commonwealth v. MillenMassachusetts Supreme Judicial Court · 1935
- Davidson v. StateSupreme Court of Arkansas · 1913
- Bell v. StateSupreme Court of Arkansas · 1988
- Darden v. StateSupreme Court of Arkansas · 1904
- Johnson v. StateSupreme Court of Arkansas · 1989
19 more not listed; retrieve them via the Exa API.