Rucker v. State
Supreme Court of Arkansas
Appeal from Washington Circuit Court; John N. Tike-man, Judge; statement by the court. Appellant Wallace Rucker was indicted by the grand jury of Benton County for the crime of obtaining carnal knowledge of ¡ari. unmarried female by virtue of a false promise of marriage, and, on change of venue .to Washington County, was tried and •convicted, his punishment being fixed by the jury at five years •confinement in the penitentiary and a fine of.$ioo.
Read the full summary
Appeal from Washington Circuit Court; John N. Tike-man, Judge; statement by the court. Appellant Wallace Rucker was indicted by the grand jury of Benton County for the crime of obtaining carnal knowledge of ¡ari. unmarried female by virtue of a false promise of marriage, and, on change of venue .to Washington County, was tried and •convicted, his punishment being fixed by the jury at five years •confinement in the penitentiary and a fine of.$ioo. " The indictment having failed to allege chastity of the woman at and prior to the alleged seduction, the demurrer should have been sustained. 71…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) 1. The indictment does not allege the previous chastity of the seduced female, and appellant demurred to the indictment on that ground. This court recently held in the case of Caldwell v. State, 73 Ark. 139, that in a prosecution for this offense it is unnecessary for the State to allege or prove the previous chastity of the female, but that the defendant can show as a defense that she was not previously chaste. We are urged by learned counsel for appellant to overrule that decision and hold to the contrary, but we entertain no doubt of the correctness…
2Cases cited2 opinions
- Puckett v. StateSupreme Court of Arkansas · 1902
- Caldwell v. StateSupreme Court of Arkansas · 1904
3Cited by10 opinions
- Nix v. StateCourt of Criminal Appeals of Oklahoma · 1922
- Wilhite v. StateSupreme Court of Arkansas · 1907
- Taylor v. StateSupreme Court of Arkansas · 1914
- Davis v. StateSupreme Court of Arkansas · 1910
- Walker v. StateSupreme Court of Arkansas · 1909
5 more not listed; retrieve them via the Exa API.