Beard v. State
Supreme Court of Arkansas
Error to Phillips Circuit Court; Hance N. Hutton, Judge; statement by the court. The defendant, Govan Beard, was arrested upon the charge of having committed the crime of rape, and was indicted, tried and convicted at a special term of the circuit court called by the judge of the circuit for the purpose of trying the case, and was sentenced to be hanged.
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Error to Phillips Circuit Court; Hance N. Hutton, Judge; statement by the court. The defendant, Govan Beard, was arrested upon the charge of having committed the crime of rape, and was indicted, tried and convicted at a special term of the circuit court called by the judge of the circuit for the purpose of trying the case, and was sentenced to be hanged. No objection was made below to any step in the proceedings, no demurrer to the indictment, motion for new trial nor motion in arrest of the judgment was filed. After verdict and judgment a writ of error was issued by the clerk of the Supreme…
1Dissent
Wood, J.,
(dissenting.) When this case was first considered, I was of the opinion that the indictment was defective in omitting the words “against her will.” But without extended research I yielded to the view that the defect could only be reached by demurrer or motion in arrest. Upon a careful consideration of the authorities cited in the able brief of counsel for the complainant on motion for .rehearing, and upon a somewhat exhaustive investigation independent of such brief, I have reached the conclusion that the defect is jurisdictional, and renders the indictment void. The opinion of the…
Also in this document: Concurrence.
2Cases cited21 opinions
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1870
- State v. . JohnsonSupreme Court of North Carolina · 1872
- Davis v. StateTexas Supreme Court · 1874
- State v. Marsh.Supreme Court of North Carolina · 1903
- State v. . PowellSupreme Court of North Carolina · 1890
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