Henson v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. Two offenses were improperly joined in the indictment. 59 Ark. 326; 48 Ark. 94; 71 Ark. 82; Kirby’s Dig. § § 2230, 2231; 36 Ark. 55; 5 Am. Cr. Rep. 1; 9 Id. 343 5 3§ Ark. 555; 32 Ark. 203; 50 Ark. 305; 33 Kan. 538. The offense must be named and described in the indictment. 161 U. S. 29; 96 U. S. 360; 57 Hun, 367; 106 N. Y. 505; 4 N. Y. Cr.
Read the full summary
Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. Two offenses were improperly joined in the indictment. 59 Ark. 326; 48 Ark. 94; 71 Ark. 82; Kirby’s Dig. § § 2230, 2231; 36 Ark. 55; 5 Am. Cr. Rep. 1; 9 Id. 343 5 3§ Ark. 555; 32 Ark. 203; 50 Ark. 305; 33 Kan. 538. The offense must be named and described in the indictment. 161 U. S. 29; 96 U. S. 360; 57 Hun, 367; 106 N. Y. 505; 4 N. Y. Cr. Rep. 193; 98 Ky. 143. The conviction of carnal abuse under an indictment for rape is proper. 54 Ark. 664; 96 Ky. 573; 2 Met. 193; 2 Whar. Cr. Daw, 539; 2 Allen, 163.
1Opinion of the CourtBattue, J.
Dave Henson was indicted by a grand jury of the Pulaski Circuit Court for rape committed upon the person of Dula Hoheimer, a female under the age of sixteen years, and was convicted of carnal abuse of a female under the age of sixteen, years, and his punishment was assessed at five years’ imprisonment in the penitentiary, and he appealed.
The indictment against him is as follows:
“The grand jury of Pulaski County, in the name and by the authority of the State of Arkansas, accuse Dave Henson of the crime of rape, committed as follows, towit: The said Dave Henson, in the county and State…
2Cases cited3 opinions
- Fenston v. CommonwealthCourt of Appeals of Kentucky · 1885
- Davis v. StateSupreme Court of Arkansas · 1885
- Young v. CommonwealthCourt of Appeals of Kentucky · 1895
3Cited by12 opinions
- Caton v. StateSupreme Court of Arkansas · 1972
- Peters v. StateSupreme Court of Arkansas · 1912
- Threet v. StateSupreme Court of Arkansas · 1913
- State v. WingerSupreme Court of Minnesota · 1938
- Rose v. StateSupreme Court of Arkansas · 1916
7 more not listed; retrieve them via the Exa API.