State v. Pierson
Supreme Court of Arkansas
APPEAL from Yell Circuit Court. Hon. G. S. Cunningham, Circuit Judge. The indictment is substantially in the language of the statute. (Mansf. Digest, sec. 1571.) Our statute does not fix a particular period as the precise time when a female is supposed capable of consenting, as was done by the statute 18 Miz., sec. 7, but places it at the age of puberty; thus changing the rule of the common law, if indeed any rule establishing a certain age for puberty existed at common law.
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APPEAL from Yell Circuit Court. Hon. G. S. Cunningham, Circuit Judge. The indictment is substantially in the language of the statute. (Mansf. Digest, sec. 1571.) Our statute does not fix a particular period as the precise time when a female is supposed capable of consenting, as was done by the statute 18 Miz., sec. 7, but places it at the age of puberty; thus changing the rule of the common law, if indeed any rule establishing a certain age for puberty existed at common law. Charles v. State, 11 Ark., pp. 1¡06,1¡07.
1Opinion of the CourtCockrill, C. J.
The appellee was indicted for carnally knowing “ a female child of the age of twelve years and under the age of puberty.” The court sustained a demurrer to the indictment and the State appealed. The statute upon which the indictment is based prescribes imprisonment in the penitentiary for a term of years for every one convicted of carnally knowing “ a female child under the age of puberty. ” Mans. Dev. St., sec. 1571.
It would be sufficient under this statute to. charge the offense in the language of the statute. 1 Bish. St. .Or., see. 486. The indictment, however, has gone a step further and…
2Cited by15 opinions
- Meadows v. StateSupreme Court of Arkansas · 1987
- Buchanan v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Dougan v. StateSupreme Court of Arkansas · 1995
- Nelson v. StateSupreme Court of Arkansas · 1994
- Barrentine and Ives v. StateSupreme Court of Arkansas · 1937
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