{ "id": 1562582, "name": "State v. Wilson", "name_abbreviation": "State v. Wilson", "decision_date": "1915-05-03", "docket_number": "", "first_page": "360", "last_page": "362", "citations": [ { "type": "official", "cite": "118 Ark. 360" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "169 S. W. 963", "category": "reporters:state_regional", "reporter": "S.W.", "opinion_index": 0 }, { "cite": "114 Ark. 310", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1536272 ], "opinion_index": 0, "case_paths": [ "/ark/114/0310-01" ] }, { "cite": "110 Ark. 318", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1337059 ], "opinion_index": 0, "case_paths": [ "/ark/110/0318-01" ] } ], "analysis": { "cardinality": 301, "char_count": 4838, "ocr_confidence": 0.414, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.05841093438266092 }, "sha256": "f7cbef08eb0053ba88b22b63bb83fd79748ae3c201906506596e4a402e2567b2", "simhash": "1:ba7dc56035781dea", "word_count": 812 }, "last_updated": "2023-07-14T17:53:29.321926+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "State v. Wilson." ], "opinions": [ { "text": "Kirby, J.,\n(after stating the facts). In Boyle v. State, 110 Ark. 318, this statute was construed, \u2018and this court held that when defendant took the woman to a place where .prostitution was practiced for the purpose of prostitution, whether she went voluntarily or not, he was -guilty, under the statute .and -said: \u201cIt was necessary for the State to show under the charge made in the indictment that the house to which Birdie Taylor was taken was a place in which prostitution was practiced, encouraged or allowed and that she was taken there for the purpose of prostitution.\u201d After saying the proof of the had reputation of the house as such .a place was properly admitted, \u00a1and \u00a1a circumstance to be considered by the jury, but not \u00a1alone \u00a1sufficient to convict, continued \u2018 \u2018 To warrant conviction the proof would also have to \u00a1show that men and women lacikualily resorted there for illicit intercourse. \u2019 \u2019\nIn Lee v. State, 114 Ark. 310, 169 S. W. 963, the court held that the offense defined by this \u00a1act is one of a local character or nature, consisting of enticing a female person to visit or become an inmate of a place where prostitution is practiced, or an assignation house, and place is properly descriptive of the offense, it being necessary to allege a place.\nIf the indictment was sufficient to charge an offense under the statute, the proof that the prosecutrix voluntarily \u00a1accompanied the defendant to a thicket by the roadside in ithe night time and there \u00a1awaited his return until daylight and had \u00a1sexual intercourse with him, is not sufficient to show a violation of it. There is no proof whatever that the thicket was a place where prostitution was practiced, encouraged or \u00a1allowed or that men and women resorted thither for illicit intercourse.\nThe testimony was insufficient to sustain a conviction and the court did not err in directing the verdict.\nThe judgment is affirmed.", "type": "majority", "author": "Kirby, J.," } ], "attorneys": [ "Wm. L. Moose, Attorney General, Jno. P. Streepey, Assistant iand J. N. Rachels, Prosecuting Attorney, for appellant.", "No brief filed for appellee." ], "corrections": "", "head_matter": "State v. Wilson.\nOpinion delivered May 3, 1915.\nPandering \u2014 facts sufficient to show crime \u2014 -place eesorted to.\u2014 Piroof that prosecutrix voluntarily accompanied defendant to a thicket, where he left her and later returned, she waiting for him there, when they had sexual intercourse, does not show a violation of the pandering ant, (Act 105, Acts 1913) in the absence of proof that the thicket was a place where prostitution was practiced, encouraged or allowed, or that men and women resorted thither for illicit 'intercourse.\nAppeal from White Circuit Court; J. M. Jackson, Judge;\naffirmed.\nSTATEMENT BY THE COURT.\nAppellant was indicted by the grand jury of White county for violating what is known as the \u201cPandering Act\u201d, Act. No. 105 of the Acts of the General Assembly of 1913.\nThe indictment, formal parts omitted', reads as follows :\n\u201cDid then .and there unlawfully .and feloniously, by promises, threats, violence, devices, and schemes,' fraud \u25a0and artifices, duress of person .and goods and the use of his position of confidence, inveigle, entice, persuade, encourage and procure one Mabel Slaughter, a female, to be taken .and detained for sexual intercourse 'and prostitution, and did unlawfully .and feloniously, by his use of confidence, schemes, artifices and fraud, inveigle, entice, .persuade, encourage land procure the said Mabel Slaughter to go and be by him detained at a place for sexual intercourse 'and for prostitution, he, the said W. F. Wilson, then and there not being the husband of the said Mabel Slaughter, against the peace, 'and so forth.\u201d\nIt appears from the testimony that the prosecuting \u25a0witness Mahel Slaughter, 19 years of age, went with or was taken by, one Stanley, to the home of the defendant Dr. Wilson before daylight one morning; where Stanley napped on the door and the doctor appeared \u2018and invited Mabel in. He closed the door after she entered; remained outside a few minutes with Stanley, and re- \u2019 turned and told her that it would mot do for her to stay there, and they would have to go to Stanleys and see what to do. He 'then took her and started away but before reaching .Stanley\u2019s house left her in a thicket near a negro house; 'and continued on but returned-after daylight \u00a1and had sexual intercourse she said, with her there in the thicket over her strenuous objection and resistance.\nThe court directed the jury to find for the defendant and from the judgment the State prosecutes this appeal.\nWm. L. Moose, Attorney General, Jno. P. Streepey, Assistant iand J. N. Rachels, Prosecuting Attorney, for appellant.\nThe law was intended to cover every act of unlawful intercourse, regardless of time or place, provided that the m\u00edan planned or assisted in the planning of the act or acts necessary to enable the commission of the final -act of sexual intercourse. It is broad enough to cover the \u2022offense proved -here. Acts 1913, pp. 407, 408, 409.\nNo brief filed for appellee." }, "file_name": "0360-01", "first_page_order": 382, "last_page_order": 384 }