Legal Opinion

Latourette v. State

Supreme Court of Arkansas

Decided June 14, 1909PublishedCited by 18 opinions

Appeal from Craighead Circuit Court, Jonesboro District; Frank Smith, Judge; 1. A change of venue should have been granted, and it was error to rule that the four witnesses should make an additional affidavit and go on the stand to support it or not be heard. 83 Ark. 36; 162 Fed. 97; 85 Ark. 537; 86 Id. 358; 85 Id. 5x4; 76 Id. 278; 54 Id. 246; 36 Id. 28; 68 Id. 466. 2. The indictment should have been set aside because there was no evidence on which to base it.

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Appeal from Craighead Circuit Court, Jonesboro District; Frank Smith, Judge; 1. A change of venue should have been granted, and it was error to rule that the four witnesses should make an additional affidavit and go on the stand to support it or not be heard. 83 Ark. 36; 162 Fed. 97; 85 Ark. 537; 86 Id. 358; 85 Id. 5x4; 76 Id. 278; 54 Id. 246; 36 Id. 28; 68 Id. 466. 2. The indictment should have been set aside because there was no evidence on which to base it. Kirby’s Digest, § § 2203, 2204, 2207, 2209. No error in refusing change of venue. 71 Ark. 180, 183. The witnesses did not measure up…

1Opinion of the CourtMcCulloch, C. J.

Appellant, Charles Latourette, was indicted by the grand jury of Craighead County for the crime of having carnal knowledge of a girl under the age of consent, and on a trial before a jury he was convicted and sentenced to the penitentiary for a term of three years. The evidence adduced at the trial was undisputed as to the fact of the appellant’s having cohabited with the girl for a time and had sexual intercourse with her, but there was some conflict as to the girl’s age. The evidence was sufficient to warrant the finding that she was under the age of consent. The jury fixed the punishment…

2Cases cited6 opinions

  1. Carpenter v. StateSupreme Court of Arkansas · 1896
  2. Meisenheimer v. StateSupreme Court of Arkansas · 1904
  3. Hamilton v. StateSupreme Court of Arkansas · 1896
  4. Strong v. StateSupreme Court of Arkansas · 1908
  5. White v. StateSupreme Court of Arkansas · 1907

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Williams v. StateSupreme Court of Arkansas · 1975
  2. State v. RevereSupreme Court of Louisiana · 1957
  3. Spurgeon v. StateSupreme Court of Arkansas · 1923
  4. Daniels v. StateSupreme Court of Arkansas · 1930
  5. State v. FoxSupreme Court of Arkansas · 1916

13 more not listed; retrieve them via the Exa API.

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