Sutton v. State

Appellant was indicted for the crime of rape, alleged to have been committed upon the person of Dorothy Sutton, who was his daughter, “a female person under the age of sixteen years.” Upon his trial he was convicted of carnal abuse, and given a sentence of twenty-one years in the penitentiary, from which judgment is this appeal.

It has been held that an indictment for rape will support a conviction for carnal abuse, Henson v. State, 76 Ark. 267, 88 S. W. 965, or an assault with intent to commit rape. Green v. State, 91 Ark. 562, 121 S. W. 949.

For the reversal of this judgment it is insisted…