Legal Opinion

Ward v. State

Supreme Court of Arkansas

Decided November 4, 1905PublishedCited by 5 opinions

Appeal from White Circuit Court; Hance N. Hutton, Judge;

1Opinion of the CourtBattle, J.

The grand jury of White County indicted B. H. Ward for carnally knowing and unlawfully abusing Eva Wood-son, a female under the age of sixteen years. He was convicted and his punishment assessed at imprisonment in the penitentiary for the period of one year.

The record in this court shows that the State failed to prove the county in which the offense was committed. This is a jurisdictional fact, and must be proved by the State. It is necessary to prove it in order to convict the defendant of a criminal offense. Sullivant v. State, 8 Ark. 400; Holeman v. State, 13 Ark. 105; Reed v. State, 16…

2Cases cited4 opinions

  1. Reed v. StateSupreme Court of Arkansas · 1855
  2. Frazier v. StateSupreme Court of Arkansas · 1892
  3. Jones v. StateSupreme Court of Arkansas · 1894
  4. McQuistian v. StateSupreme Court of Arkansas · 1869

3Cited by5 opinions

  1. James v. StateSupreme Court of Arkansas · 1983
  2. Atwood v. StateSupreme Court of Arkansas · 1931
  3. Green v. StateSupreme Court of Arkansas · 1935
  4. James v. StateSupreme Court of Arkansas · 1983
  5. Opinion No., Arkansas Attorney General Reports1995

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