Hettle v. State
Supreme Court of Arkansas
Appeal from Clay Circuit Court; B. E. L. Johnson, Judge; 1. The court erred in overruling the demurrer to the indictment because it failed to charge a second offense. Kirby’s Digest, § 1810. 2. The court erred in refusing instructions 1 and 2, asked by defendants; also in refusing 3 and 4. Defendants had also once been convicted of the same offense, and his plea of former conviction should have been sustained. 1. The demurrer was properly overruled.
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Appeal from Clay Circuit Court; B. E. L. Johnson, Judge; 1. The court erred in overruling the demurrer to the indictment because it failed to charge a second offense. Kirby’s Digest, § 1810. 2. The court erred in refusing instructions 1 and 2, asked by defendants; also in refusing 3 and 4. Defendants had also once been convicted of the same offense, and his plea of former conviction should have been sustained. 1. The demurrer was properly overruled. It is not necessary to the validity of an indictment for illegal cohabitation that it should specify whether the prosecution was the first or…
1Opinion of the CourtHumphreys, J.
Appellants were indicted in the Clay County Circuit Court, Western District, for the crime of illegal cohabitation, in the following form.
“State of Arkansas
v. No. 1223
Alford Hettle and Alphia Hall.
Western District of Clay County, June term, 1919.
‘ ‘ The grand jury in and for the district, county and State aforesaid, in the name and by the authority of the State of Arkansas, accuse the persons named in the caption hereof as defendants of the crime of illegal cohabitation, committed as follows, towit:
‘1 On the first day of May, 1919, in the district, county and State aforesaid, the persons…
2Cases cited4 opinions
- State v. PaisleyMontana Supreme Court · 1907
- Adams v. StateSupreme Court of Arkansas · 1906
- Kightlinger v. StateSupreme Court of Arkansas · 1912
- Shiflett v. CommonwealthSupreme Court of Virginia · 1913
3Cited by9 opinions
- Massey v. United StatesCourt of Appeals for the Eighth Circuit · 1922
- Finch v. StateSupreme Court of Arkansas · 1977
- Robbins v. StateSupreme Court of Arkansas · 1951
- Switzer v. GoldenSupreme Court of Arkansas · 1955
- Morris v. StateSupreme Court of Arkansas · 1924
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