Carmen v. State
Supreme Court of Arkansas
■Appeal from Clay 'Circuit Court, Eastern. District; J. F. Gautney, Judge; STATEMENT BY THE COURT. J. F. Carmen was indicted, charged with the crime pf incest committed by having carnal ¡knowledge of his niece, Ona Bnrtns, the indictment not alleging that he was a married man.
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■Appeal from Clay 'Circuit Court, Eastern. District; J. F. Gautney, Judge; STATEMENT BY THE COURT. J. F. Carmen was indicted, charged with the crime pf incest committed by having carnal ¡knowledge of his niece, Ona Bnrtns, the indictment not alleging that he was a married man. A demurrer was interposed to the indictment and overruled, and he was placed upon trial and the jury, having failed to agree, were discharged by tbe court 'after they bad reported tbe second time their failure to arrive at a verdict. On the 8th of May (before the cause was again reached for trial the grand jnry in…
1Opinion of the CourtKirby, J.
The .allegations of the indictment under which the defendant was convicted sufficiently alleged the offense and no error was committed in overruling the demurrer thereto. Martin v. State, 58 Ark. 3.(1) It stated in technical language that .the adultery was committed by defendant, a married man, with Ona Burns, his niece, iand, as said in Gaston v. State, 95 Ark. 233, “ The gravamen of the crime of incest is the unlawful carnal (knowledge, and it is unlawful because of consanguinity. The object of the statute is to prohibit by punishment the sexual intercourse of those who are related within…
2Cases cited6 opinions
- Commonwealth v. BellSupreme Court of Pennsylvania · 1895
- State v. WardSupreme Court of Arkansas · 1886
- Adams v. StateSupreme Court of Arkansas · 1906
- Gaston v. StateSupreme Court of Arkansas · 1910
- Ireland v. StateSupreme Court of Arkansas · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Johnson v. StateSupreme Court of Arkansas · 1986
- Haller v. StateSupreme Court of Arkansas · 1950