Dennis v. State
Supreme Court of Arkansas
This was an indictment against Jeduthan Day, a white man, and Frank and Dennis, negro slaves, for rape, tried in the Crawford Circuit Court, in May, 1843, before the Hon. Richahd C. S. Shown, one of the circuit judges.
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This was an indictment against Jeduthan Day, a white man, and Frank and Dennis, negro slaves, for rape, tried in the Crawford Circuit Court, in May, 1843, before the Hon. Richahd C. S. Shown, one of the circuit judges. The indictment charged all as jointly guilty, and alleged the rape to have been committed on the 30th September, 1842. Verdict of guilty as to all, and motion in arrest of judgment, on the grounds, First, that the indictment does not state the grand jury were sworn and charged for the body of the county. Second, that the indictment charges the joint perpetration of the act.…
1Opinion of the Court
By the Court,
Lacy, J.
The first objection to the indictment is, that it is defective in not stating that the grand jury were'sworn and charged for the county of Crawford. This defect, even if it be one after verdict at common law, is expressly cured by our statute of amendments, which enacts “ that no indictment shall be deemed invalid or quashed, nor shall the trial, or judgment, or other proceedings therein, be stayed, annulled, or in any manner affected by reason of any defect or imperfection in matters of form which shall not be to the prejudice of the defendant. Rev. St. 30, chap. XIV,…
2Cited by6 opinions
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- State v. McAninchSupreme Court of Iowa · 1915
- Allison v. StateSupreme Court of Arkansas · 1942
- Parrett v. StateIndiana Supreme Court · 1928
- Cummins v. GarretsonSupreme Court of Arkansas · 1854
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