Hadley v. State

Robert H. Dudley, Justice.

Appellant was found guilty of rape and incest. One of the elements the State must prove to sustain a charge of incest is that the accused was sixteen years of age or older at the time of the offense. Ark. Code Ann. § 5-26-202(a) (Repl. 1993). No direct evidence was introduced to establish appellant’s exact age, but there was substantial circumstantial evidence to establish the fact that appellant was sixteen years of age or older. Appellant moved for a directed verdict on the grounds that his age was not proven. The trial court denied the motion. We affirm the ruling.