Sisemore v. State
Supreme Court of Arkansas
Appeal from Madison Circuit Court; Jos. S. Maples, Judge; 1. The indictment is bad on demurrer. It does not state facts sufficient to constitute a public offense under Act 105, Acts 1913, 407. The State had no power to pass the act under the Interstate Commerce law. Const. U. S., § 8, clauses 3 and 18, and the Mann Act, 8 U. S. Comp. St. 1916, § 8813; 16 Fed. 193; 223 U. S. 1; 227 Id. 308; 48 Mont. 456; Ann. Cas.
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Appeal from Madison Circuit Court; Jos. S. Maples, Judge; 1. The indictment is bad on demurrer. It does not state facts sufficient to constitute a public offense under Act 105, Acts 1913, 407. The State had no power to pass the act under the Interstate Commerce law. Const. U. S., § 8, clauses 3 and 18, and the Mann Act, 8 U. S. Comp. St. 1916, § 8813; 16 Fed. 193; 223 U. S. 1; 227 Id. 308; 48 Mont. 456; Ann. Cas. D 1915, 1017; 136 La. 658. 2. Incompetent testimony was admitted. The wife was disqualified. Kent’s Comm. 179; Wigmore on Ev., § 2227 et seq. It was prejudicial. Underhill on Ev., §…
1Opinion of the CourtMcCULLOCH, C. J.
The indictment in this case is founded on an alleged violation of the act of February 26, 1913, against pandering (Acts; 1913, page 407), and reads as follows:
' “ That the said T. J. Sisemore, in the county of Madison, in the State of Arkansas, on the 15th day of March, 1917, did unlawfully and feloniously transport and cause to be transported and did unlawfully-and feloniously aid and assist in obtaining transportation for Julia Howard, a female person, through, across and out of the State of Arkansas and through and across Madison County, in the State of Arkansas, for the purpose of…
2Cases cited12 opinions
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Hoke & Economides v. United StatesSupreme Court of the United States · 1913
- United States v. BittySupreme Court of the United States · 1908
- Carpenter v. PeopleNew York Supreme Court · 1850
- State v. GibsonSupreme Court of Missouri · 1892
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3Cited by4 opinions
- People v. DuncanCalifornia Court of Appeal · 1974
- In Re SquiresSupreme Court of Vermont · 1945
- Batesville v. SmytheSupreme Court of Arkansas · 1919
- Woodson v. Fort SmithSupreme Court of Arkansas · 1924