Griffin v. State
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Geo, W. Clark, Judge; 1. The court erred in its instructions in assuming as proven certain facts which were in issue.
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Appeal from Lonoke Circuit Court; Geo, W. Clark, Judge; 1. The court erred in its instructions in assuming as proven certain facts which were in issue. Under our statute and decisions an indictment for adulterous incest must allege that the defendant was a married man; this is a material allegation and must be proved to the satisfaction of the jury (not the court) and beyond reasonable doubt. 58 Ark. 3; 113 Id. 257. The indictment alleged the marriage but there is no express proof of the fact and it was a question for the jury. The instruction took away from the jury this question and was…
1Opinion of the CourtWood, J.
The appellant was convicted of the crime of incest. The indictment alleged that he was a married man. One of the grounds urged for reversal is that the court erred in ignoring the issue as to whether appellant was a married man.
The appellant was asked, “When were you married?” He answered, “1890.” He was asked, “What does your family consist of?” He answered, “My little boy, my wife, my daughter Jossie, and little boy about ten years old.”
The above testimony was undisputed. It shows conclusively that appellant was a married man.
There was no prejudicial error, therefore, in the instruction…
2Cases cited10 opinions
- Vaughan v. StateSupreme Court of Arkansas · 1894
- Bruder v. StateSupreme Court of Arkansas · 1913
- Davis v. StateSupreme Court of Arkansas · 1915
- Bost v. StateSupreme Court of Arkansas · 1919
- Taylor v. StateSupreme Court of Arkansas · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Murchison v. StateSupreme Court of Arkansas · 1922
- Brooks v. StateSupreme Court of Arkansas · 1974
- Bohannon v. StateSupreme Court of Arkansas · 1923
- Stotts v. StateSupreme Court of Arkansas · 1926
- Miller v. StateSupreme Court of Arkansas · 1923
3 more not listed; retrieve them via the Exa API.