Martin v. State
Supreme Court of Arkansas
Appeal from Logan Circuit Court. Hugh F. Thomason, Judge. The indictment is not sufficient, and the demurrer-should have been. sustained. It charges “adultery” without alleging that either of the parties was married. 56 Ind. 263; 26 Am. Rep. 21; 58 N. H. 331; 6 Graft. (Ya.) 673 ; 2 Dali. (Pa.) 124.
1Opinion of the CourtBunn, C. J.
The defendant, Joe Martin, was indicted in the circuit court of Logan county, at its August term, 1891, for the crime of incest, charged to have been committed with his daughter, Mattie Martin, on May 10, 1891. He was tried and convicted at the-January term, 1893, and sentenced accordingly to imprisonment for three years in the penitentiary.
A demurrer to the sufficiency of the indictment was. filed and overruled, and exceptions noted. A motion for a new trial after verdict was filed, containing- five several grounds. The motion for new trial was overruled, and exceptions noted.
The demurrer…
2Cases cited1 opinion
- State v. FrittsSupreme Court of Arkansas · 1886
3Cited by6 opinions
- Griffin v. StateSupreme Court of Arkansas · 1919
- Knowles v. StateSupreme Court of Arkansas · 1914
- Wood v. StateCourt of Criminal Appeals of Oklahoma · 1941
- Williams v. StateSupreme Court of Arkansas · 1923
- Carmen v. StateSupreme Court of Arkansas · 1915
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