Warner v. State
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court, Greenwood District. Edgar E. Bryant, Judge. X. The indictment does not charge that Jennie Jones was a “female.” Mansf. Dig., sec. 1568; 1 Whart. Cr. Law, 574- 2. A conviction of carnally knowing a female child under the age of puberty, cannot be sustained under this indictment. Apt words are not used. Mansf. Dig., sec. 1571 ; 50 Ind., 267 ; 1 Whart. Cr.
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APPEAL from Sebastian Circuit Court, Greenwood District. Edgar E. Bryant, Judge. X. The indictment does not charge that Jennie Jones was a “female.” Mansf. Dig., sec. 1568; 1 Whart. Cr. Law, 574- 2. A conviction of carnally knowing a female child under the age of puberty, cannot be sustained under this indictment. Apt words are not used. Mansf. Dig., sec. 1571 ; 50 Ind., 267 ; 1 Whart. Cr. Law, sec. 572 ; 45 Wis , 86. 3. The verdict acquits defendant of rape, but finds him guilty of a crime with which he is not charged.
1Opinion of the CourtHughes, J.
The appellant was tried and convicted of “carnally knowing Jennie Jones, a female child under the age of puberty,” and sentenced to the State penitentiary for five years upon the following indictment:
“ The grand jury of Sebastian county, in and for the Fort Smith district thereof, in the name and by the authority of the State of Arkansas, accuse Edward Warner of the crime of rape committed as follows, to wit: The said Edward Warner did, on the 24th day of July, 1890, in the county and district aforesaid, feloniously, forcibly, unlawfully, and against her consent, carnally know Jennie Jones,”…
2Cited by14 opinions
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- Tuttle v. StateSupreme Court of Arkansas · 1907
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