Smith v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, ' Ft. Smith District; John Brissolara, Judge; The indictment was bad, and the demurrer should have been sustained. 81 Pac. 680 (Cal.); 35 Cal. 675; 127 Cal. 99; 59 Pac. 836; 29 Texas 44; 94 Am. Dec. 251. The motion in arrest of judgment should have been sustained.
Read the full summary
Appeal from Sebastian Circuit Court, ' Ft. Smith District; John Brissolara, Judge; The indictment was bad, and the demurrer should have been sustained. 81 Pac. 680 (Cal.); 35 Cal. 675; 127 Cal. 99; 59 Pac. 836; 29 Texas 44; 94 Am. Dec. 251. The motion in arrest of judgment should have been sustained. The court erred in admitting evidence relative to the commission of the offense by using the tongue. . The prosecuting witness being herself guilty, it would be necessary for her to be corroborated before defendant could be convicted. 186 Pac. 388 (Cal.); 36 Cyc. 505 C; 111 Arle. 299. Indictment…
1Opinion of the CourtWood, J.
The appellant was convicted under an indictment, which is as follows:
“The grand jury of Sebastian County, Greenwood District thereof, in the name and by the authority of the State of Arkansas, accuse the defendant, C. Y. Smith, of the crime of sodomy, committed as follows, to-wit: The said defendant, in the county, district and State aforesaid, on the 13th day of March, 1921, unlawfully, feloniously and diabolically and by force, disregarding the laws of nature, in and upon one Dixie Smith, a female person, did make an assault upon and did then and there unlawfully, feloniously and…
2Cited by7 opinions
- Carter v. StateSupreme Court of Arkansas · 1973
- Koontz v. the PeopleSupreme Court of Colorado · 1927
- Hummel v. StateSupreme Court of Arkansas · 1946
- Evans v. StateTennessee Supreme Court · 1978
- Strum v. StateSupreme Court of Arkansas · 1925
2 more not listed; retrieve them via the Exa API.