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ARK.] MALLETT V. STATE. 471_ MALLETT V. STATE. 4356 Opinion delivered June 19, 1944. CRIMINAL LAW.—Evidence heid sufficient to support findings of the jury. Appeal from Conway Circuit Court ; Audrey Strait, Judge ; affirmed.. .Charley Eddy, for aPpellant. Guy E. Williams, Attorney General, and Oscar E. Ellis, Assistant Attorney General, for appellee. GRIFFIN SMITH, Chief Justice. Appellant, sixty-eight years of age, was charged by information with having ' had carnal knowledge of Maxine Wells. The crime - is alleged to have uccurred December 15, 1943. Maxine testified that she would be fifteen in July, 1944. In returning its verdict of guilty and assessing punishment at a year in the penitentiary, clemency was recommended. The 'Court, acting within its discretion, disregarded the . recommendation and rendered judgment. - The appeal qu6stions sufficiency of . the evidence. Without entering into a detailed discussion of essential testimony, involving lascivious conduct, it is sufficient to say that the verdict is suPported by substantial testimony. Affirmed.
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