{
  "id": 1664863,
  "name": "Don FINK v. STATE of Arkansas",
  "name_abbreviation": "Fink v. State",
  "decision_date": "1979-06-04",
  "docket_number": "CR 79-37",
  "first_page": "865",
  "last_page": "866",
  "citations": [
    {
      "type": "official",
      "cite": "265 Ark. 865"
    },
    {
      "type": "parallel",
      "cite": "582 S.W.2d 3"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 1814,
    "ocr_confidence": 0.869,
    "pagerank": {
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    "sha256": "a77b3f4e8fd9a34940bed7dd236a5494780a655d6d530499b3886b1bd914f865",
    "simhash": "1:87d9f0ac1d86f734",
    "word_count": 312
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  "last_updated": "2023-07-14T18:31:48.026206+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "JJ-We agree. Harris, C.J., and Byrd, Holt, and Hickman,"
    ],
    "parties": [
      "Don FINK v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "George Rose Smith, Justice.\nThe Criminal Code definition of rape includes deviate sexual activity, which encompasses the penetration of the anus of one person by the penis of another. Ark. Stat. Ann. \u00a7\u00a7 41-1801 (1) and 41-1803 (Repl. 1977). In this prosecution of the appellant for the crime of rape the State\u2019s proof showed that he had engaged for some months in such deviate sexual activity with his son and daughter, aged 13 and 11 at the time of trial. The jury returned a verdict of guilty and sentenced the appellant to life imprisonment.\nThe only argument for reversal is that the State failed to prove the required element of forcible compulsion, which is defined to include physical force or an express or implied threat of physical injury. \u00a7 41-1801 (2). Physical injury means the impairment of physical condition or the infliction of substantial pain. \u00a7 41-115 (14).\nHere one or both of the children testified that the conduct occurred a number of times, that they did not want to engage in it, that they were afraid of their father, that he would threaten to whip them with a belt, and that if they didn\u2019t \u201cmess around\u201d with him he would give them a whipping. A physician testified that the rectum of each child was stretched and inflamed and that in his opinion the conditions had been caused by the insertion of an adult penis many times. Thus there was an abundance of substantial evidence from which the jury could conclude that the accused had achieved his purpose by forcible compulsion.\nAffirmed.\nJJ-We agree. Harris, C.J., and Byrd, Holt, and Hickman,",
        "type": "majority",
        "author": "George Rose Smith, Justice."
      }
    ],
    "attorneys": [
      "James E. Davis, for appellant.",
      "Steve Clark, Atty. Gen., by: Catherine Anderson, Asst. Atty. Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Don FINK v. STATE of Arkansas\nCR 79-37\n582 S.W. 2d 3\nOpinion delivered June 4, 1979\n(Division I)\n[Rehearing denied July 9, 1979.]\nJames E. Davis, for appellant.\nSteve Clark, Atty. Gen., by: Catherine Anderson, Asst. Atty. Gen., for appellee."
  },
  "file_name": "0865-01",
  "first_page_order": 889,
  "last_page_order": 890
}