Taylor v. State
Supreme Court of Arkansas
Appeal from Howard Circuit Court. James S. Steele, Judge. The transcript, in the change of venue, was defective, and the court had no jurisdiction. Sand. & H. Dig. § 2173; 9 Ark. 472; lb. 497; 36 Ark. 237; 49 Ark. 94. It was error to permit the clerk of the circuit court of Sevier county to appear and amend the transcript. 36 Ark. 241; 36 S. W. 856; 65 How. Pr. 239; 28 Mich. 215; 23 Am. & Eng. Enc.
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Appeal from Howard Circuit Court. James S. Steele, Judge. The transcript, in the change of venue, was defective, and the court had no jurisdiction. Sand. & H. Dig. § 2173; 9 Ark. 472; lb. 497; 36 Ark. 237; 49 Ark. 94. It was error to permit the clerk of the circuit court of Sevier county to appear and amend the transcript. 36 Ark. 241; 36 S. W. 856; 65 How. Pr. 239; 28 Mich. 215; 23 Am. & Eng. Enc. Daw (2d Ed.), 365. The copy of the indictment in the transcript must be correct. 36 111. 290. The court erred in refusing a continuance. 62 Ark. 543; 13 S. W. 915; 74 S. W. 677; 1 So. 421; 23 So.…
1Opinion of the CourtWood, J.
Appellant was indicted in the circuit court of Sevier county for killing one DaveEoshee, the indictment charging him with the crime of murder in the first degree. The venue was changed to Howard county, where appellant was tried and convicted of murder in the second degree, and his punishment fixed at seven years in the penitentiary.
1. When an order for change of venue shall be made, the statute requires that the clerk of the court in which the cause is pending “shall make out a full transcript of the records and proceedings in the cause, including the order of removal, the petition therefor,…
2Cases cited4 opinions
- Bennett v. StateSupreme Court of Arkansas · 1896
- Hardin v. StateSupreme Court of Arkansas · 1898
- Ruddell v. MozerSupreme Court of Arkansas · 1839
- Beneux v. StateSupreme Court of Arkansas · 1859
3Cited by11 opinions
- Purifoy v. StateSupreme Court of Arkansas · 1991
- Ware v. StateSupreme Court of Arkansas · 1909
- Therman v. StateSupreme Court of Arkansas · 1943
- Leggins v. StateSupreme Court of Arkansas · 1979
- Vasser v. StateSupreme Court of Arkansas · 1905
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