Carothers v. State
Supreme Court of Arkansas
Appeal from Conway Circuit Court. Wieeiam I». Moose, Judge. Appellant could not properly be convicted of carnal abuse. 11 Ark. 406; 50 Ark. 330; 54 Ark. 663. The indictment shows that the finding of the indictment was prior to the commission of the offense. Kirby’s Dig. § 2228; 65 Ark. 564.
1Opinion of the CourtHiss, C. J.
Carothers was indicted under section 2008, Kirby’s Digest, for carnal abuse of Dou Eldridge, a female under the age of 16 years, was convicted, and has appealed.
1. The indictment was returned May 6, 1904, and alleged the offense to have been committed on May 10, 1904. It was essentially similar to the one in Conrand v. State, 65 Ark. 559. The court in that case held that an indictment charging the offense in the past tense was not vitiated by the insertion, evidently by clerical error, of a date in the future.
The trial judge, in his charge, told the jury that the indictment charged that the…
2Cases cited3 opinions
- McCoy v. StateSupreme Court of Arkansas · 1885
- Conrand v. StateSupreme Court of Arkansas · 1898
- Warner v. StateSupreme Court of Arkansas · 1891
3Cited by9 opinions
- Grayson v. StateSupreme Court of Arkansas · 1909
- Craig v. StateSupreme Court of Arkansas · 1943
- Ex Parte Ellis and LangstonMissouri Court of Appeals · 1928
- Hunter v. StateSupreme Court of Arkansas · 1910
- Barnett v. StateSupreme Court of Arkansas · 1931
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