Plunkett v. State
Supreme Court of Arkansas
Appeal from Logan Circuit Court. Jeptha H. Evans, Judge. statement by the court. At the January term, 1902, of the Logan circuit court for the Northern District the grand jury returned an indictment against the appellant for carnal abuse, charging that he, on the 10th of April, 1901, in the Northern district of Logan county, Arkansas, unlawfully and feloniously did carnally know one Annie E. Walker, a female, under the age of 16 years, they, “the said Wesley Plunkett and…
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Appeal from Logan Circuit Court. Jeptha H. Evans, Judge. statement by the court. At the January term, 1902, of the Logan circuit court for the Northern District the grand jury returned an indictment against the appellant for carnal abuse, charging that he, on the 10th of April, 1901, in the Northern district of Logan county, Arkansas, unlawfully and feloniously did carnally know one Annie E. Walker, a female, under the age of 16 years, they, “the said Wesley Plunkett and Annie E. Walker, not being then and there married to each other, against the peace and dignity of the state of Arkansas.”…
1Opinion of the CourtWood, J.
(after stating the facts). Appellant contends that the indictment is bad because neither the statute under which it is drawn, nor any other statute, defines what is an unlawful carnal knowledge, and because it was not an offense at the common law to have carnal knowledge of a female between the ages of 12 and 16 with her consent. The statute under which appellant was indicted is as follows: “Every person convicted of carnally knowing or abusing unlawfully any female person under the age of 16 years shall be imprisoned in the penitentiary for a period of not less than five nor more than…
2Cases cited3 opinions
- Billings v. StateSupreme Court of Arkansas · 1889
- Butler v. StateSupreme Court of Arkansas · 1879
- Jones v. Malvern Lumber Co.Supreme Court of Arkansas · 1893
3Cited by22 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- McAlister v. StateSupreme Court of Arkansas · 1911
- State v. HammockIdaho Supreme Court · 1910
- Peters v. StateSupreme Court of Arkansas · 1912
- Sage v. StateArizona Supreme Court · 1921
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