Thomas v. State
Supreme Court of Arkansas
Appeal from Pike Circuit Court; J. 8. Lake, Judge; The motion, for new trial was filed in time and the court abused its discretion in overruling it. Kirby’s Dig., § § 2421-2, 6218-6220; 56 Ark. 133; 102 Id. 373; 35 Id. 56; 48 Id. 305; 84 Id. 409; 69 Id. 545; 111 Id. 399; 86 Id. 481. A new trial should have been granted. 1. The motion was properly overruled. It was filed after the term adjourned.
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Appeal from Pike Circuit Court; J. 8. Lake, Judge; The motion, for new trial was filed in time and the court abused its discretion in overruling it. Kirby’s Dig., § § 2421-2, 6218-6220; 56 Ark. 133; 102 Id. 373; 35 Id. 56; 48 Id. 305; 84 Id. 409; 69 Id. 545; 111 Id. 399; 86 Id. 481. A new trial should have been granted. 1. The motion was properly overruled. It was filed after the term adjourned. Kirby’s Digést, § 2421; 113 Ark. 237; 58 Id. 229. Kirby’s Digest, § 6220, only applies to civil cases. 2. The record was filed here too late. 'Kirby’s Digest, § 2614. The appeal was not prayed during…
1Opinion of the CourtHart, J.
Separate indictments .were returned against Tom Thomas, charging him with wife abandonment and with child abandonment. By consent the two cases were tried together, and from a judgment of conviction in each case the defendant has duly prosecuted an appeal to this court.
After the term of court at which the defendant was tried had been adjourned, the defendant filed á motion for a new trial on the ground of newly discovered evidence, and this is the only ground relied upon for a reversal of the judgment. Section 2421 of Kirby’s Digest, relating to new trials in criminal cases, provides that the…
2Cases cited2 opinions
- Howard v. StateSupreme Court of Arkansas · 1893
- Incorporated Town of Corning v. ThompsonSupreme Court of Arkansas · 1914
3Cited by10 opinions
- Gross v. StateSupreme Court of Arkansas · 1967
- State v. MartineauSupreme Court of Arkansas · 1921
- State v. NeilSupreme Court of Arkansas · 1934
- Perry v. NorrisDistrict Court, E.D. Arkansas · 1995
- Sims v. StateSupreme Court of Arkansas · 1942
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