Rogers v. State
| Decision Date | 24 March 1924 |
| Docket Number | 250 |
| Citation | 260 S.W. 23,163 Ark. 252 |
| Parties | ROGERS v. STATE |
| Court | Arkansas Supreme Court |
Appeal from Dallas Circuit Court; Turner Butler, Judge; affirmed.
Judgment affirmed.
D D. Glover, for appellant.
J. S. Utley, Attorney General, John L. Carter, Wm T. Hammock, Darden Moose and J. S. Abercrombie, Assistants, for appellee.
Appellant was convicted of the crime of seduction under an indictment which omitted the day and month the crime was alleged to have been committed. The court overruled appellant's demurrer to the indictment, and this ruling is assigned as error. The indictment was returned bye the grand jury on November 24, 1921, and it is alleged that the offense was committed "on the -- -- day of -- -- -- -- --, 1921." We have heretofore decided that the omission of the date of the alleged offense is not such a substantial defect as renders the indictment demurrable. Grayson v. State, 92 Ark. 413, 123 S.W. 388; Threadgill v. State, 99 Ark. 126, 137 S.W. 814.
The principal contention in the case is that the evidence is not sufficient to sustain the verdict, in that there is no corroboration of the testimony of the injured female.
Appellant and Ida House, the female alleged to have been seduced, lived in Dallas County, on adjoining farms, the girl living with her father, who was a widower, and appellant living with his father. They had known each other for a long time, and, according to the testimony of the girl, became engaged to marry during the year 1917, and the engagement continued until about Easter Sunday in April, 1921, after the girl had become pregnant as the result of her intercourse with appellant. The girl testified that appellant induced her to have intercourse with him by his promise to marry her; that the first act of intercourse occurred in November or December, 1920, and that the intercourse continued from time to time until appellant quit going with her the following April. Her baby was born on November 14, 1921, and she testified that appellant was the father of the child, and that she had never indulged in sexual intercourse except with appellant.
Appellant joined the army at Camp Pike in September, 1918, and remained there until he was discharged in December, 1918. The State introduced in evidence numerous letters written by appellant to the girl during his stay at Camp Pike. These letters were full of words of endearment, which tended to establish the close relation between appellant and the girl and corroborate her in the statement that they were engaged to be married.
It was proved by numerous witnesses that appellant visited the girl and accompanied her to church and other places, and in other respects showed her marked attention during the whole time she claims they were engaged to be married. Appellant's attentions to the girl were not exclusive, but it is shown that he went with her a great deal, and only occasionally with other girls, and that she was visited by other young men at times, but not to the extent of appellant's attentions to her.
Two of the witnesses in the case testified to statements made to them by appellant, which the jury might have interpreted as admissions on the part of appellant that he was engaged to be married to the girl.
We are of the opinion that, if full force be given to all circumstances proved in the case and the legitimate inferences which...
To continue reading
Request your trial