Batesville v. Smythe
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Dene H. Coleman, Judge; The court erred in holding that a single act of prostitution was not sufficient to make out an offense under the ordinance and that it was necessary to show that the illicit intercourse must be shown to have been for gain, that is, that money should pass. The plain terms of the ordinance do not require any such showing, and further do not require more than one act of intercourse to make the offense.
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Appeal from Independence Circuit Court; Dene H. Coleman, Judge; The court erred in holding that a single act of prostitution was not sufficient to make out an offense under the ordinance and that it was necessary to show that the illicit intercourse must be shown to have been for gain, that is, that money should pass. The plain terms of the ordinance do not require any such showing, and further do not require more than one act of intercourse to make the offense. The ordinance is well within the authority and powers of the. city. 127 Ark. 268; Kirby’s Dig., § 5438. 204 S. W. 626 defines a…
1Opinion of the CourtMcCULLOCH, C. J.
Appellee was arrested and tried before the mayor of the city of Batesville, for violation of an ordinance of the city, which reads as follows:
“Sec. 211. That every bawd, prostitute or loose woman who shall use or occupy any room or tenement for the purpose of prostitution or place of assignation within the city of Batesville, and every person who shall rent or permit any room or tenement in his or her possession or control to be so used or occupied, and every male person visiting any room or tenement so used and occupied for the purpose of illicit intercourse shall be guilty of a violation of…
2Cases cited5 opinions
- Sparks v. StateSupreme Court of Alabama · 1877
- State v. HendricksMontana Supreme Court · 1895
- State v. MackSupreme Court of Louisiana · 1889
- Sisemore v. StateSupreme Court of Arkansas · 1918
- Lismore v. StateSupreme Court of Arkansas · 1910
3Cited by5 opinions
- People v. LeeMichigan Supreme Court · 1943
- Helena v. RusswurmSupreme Court of Arkansas · 1935
- State v. LewisSupreme Court of Iowa · 1939
- Woodson v. Fort SmithSupreme Court of Arkansas · 1924
- Hubert v. HarpeSupreme Court of Georgia · 1935