Sisemore v. State

• Decision Date: 24 June 1918
• Docket Number: (No. 60.)
• Parties: SISEMORE v. STATE.
• Court: Arkansas Supreme Court

204 S.W. 626 SISEMORE
v.
STATE. (No. 60.) Supreme Court of Arkansas. June 24, 1918.

Appeal from Circuit Court, Madison County; Jos. S. Maples, Judge.

T. J. Sisemore was convicted of an offense, and appeals. Reversed and remanded.

W. N. Ivie, of Rogers, for appellant. Jno. D. Arbuckle, Atty. Gen., and T. W. Campbell, Asst. Atty. Gen., for the State.

McCULLOCH, C. J.

The indictment in this case is founded on an alleged violation of the act of February 26, 1913, against pandering (Acts 1913, p. 407) and reads as follows:

"That the said T. J. Sisemore in the county of Madison, in the state of Arkansas, on the 15th day of March, 1917, did unlawfully and feloniously transport and cause to be transported, and did unlawfully and feloniously aid and assist in obtaining transportation for, Julia Howard, a female person, through, across, and out of the state of Arkansas, and through and across Madison county in the state of Arkansas, for the purpose of prostitution, and with the intent and purpose of induce, entice, and compel such female person to become a prostitute, and for the purpose of having sexual intercourse with her, the said Julia Howard, he, the said T. J. Sisemore, not being the husband of her, the said Julia Howard, against the peace and dignity of the state of Arkansas."

The language of the indictment is slightly confusing, but it was obviously the purpose of the pleader to frame the indictment under section 5 of the statute referred to above, which reads as follows:

"Any person who shall knowingly transport or cause to be transported or aid or assist in obtaining transportation for, by any means of conveyance into, through or across this state, any female person for the purpose of prostitution or with the intent and purpose to induce, entice, or compel such female person to become a prostitute, shall be deemed guilty of a felony, and upon conviction thereof be sentenced to the penitentiary for not less than two nor more than ten years; any person who may commit this crime in this section mentioned, may be prosecuted, indicted, tried and convicted in any county or city in or through which he shall so transport or attempt to transport any female person as aforesaid."

There is no attempt to charge an offense under section 1 of the statute, which makes it unlawful for any person, "by promises, threats, violence, by any device or scheme, by fraud or artifice, or by duress of person or goods, or by use of any position of confidence or authority, or having legal charge," to "inveigle, entice, persuade, encourage, or procure any female person to come into this state or to leave this state for the purpose of prostitution," or, not being married, for the purpose of having sexual intercourse. Holland v. State, 111 Ark. 214, 163 S. W. 781. After eliminating, as surplusage, the confusing allegations in the indictment, we find enough left to constitute a charge of violating section 5, for there is a distinct allegation that the defendant did "transport and caused to be transported and did unlawfully...