Beard v. State
Supreme Court of Arkansas
Error to Phillips Circuit Court; Hance N. Hutton, Judge; statement by the court. The defendant, Govan Beard, was arrested upon the charge of having committed the crime of rape, and was indicted, tried and convicted at a special term of the circuit court called by the judge of the circuit for the purpose of trying the case, and was sentenced to be hanged.
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Error to Phillips Circuit Court; Hance N. Hutton, Judge; statement by the court. The defendant, Govan Beard, was arrested upon the charge of having committed the crime of rape, and was indicted, tried and convicted at a special term of the circuit court called by the judge of the circuit for the purpose of trying the case, and was sentenced to be hanged. No objection was made below to any step in the proceedings, no demurrer to the indictment, motion for new trial nor motion in arrest of the judgment was filed. After verdict and judgment a writ of error was issued by the clerk of the Supreme…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) 1. The jurisdiction of the court to proceed in the cause is challenged on the ground that the order of the circuit judge calling the special term of the court does not conform to the requirement of the statute in that it fails to recite that the defendant was in jail at the time. The order recites that the defendant was “held in custody-charged with a capital offense.”
The statute authorizing the holding of special terms of the circuit court read as follows: “The judge of any circuit court may at any time hold a special term for the trial of persons…
2Cases cited4 opinions
- People v. SwensonCalifornia Supreme Court · 1874
- State v. KnowlesSupreme Court of Kansas · 1885
- People v. SchultzMichigan Supreme Court · 1891
- Brennan v. PeopleIllinois Supreme Court · 1884
3Cited by23 opinions
- Bell v. StateSupreme Court of Arkansas · 1915
- Clark v. StateSupreme Court of Arkansas · 1925
- Henderson v. DudleySupreme Court of Arkansas · 1978
- Houpt v. StateSupreme Court of Arkansas · 1911
- Osborne v. StateSupreme Court of Arkansas · 1910
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