Southworth v. State
Supreme Court of Arkansas
APPEAL from Pike Circuit Court. Hon. II. JB. Stuart, Circuit Judge. That a person can not be put twice in jeopardy for the-same offense is well settled. The difficulty in applying-the principle is where there are degrees in the crime, and where an included offense is tried by a court having no jurisdiction of the highest grade. All offenses of larceny are degrees of the same offense. (Code, sec. 260.) Justices-have .jurisdiction in petit larceny.
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APPEAL from Pike Circuit Court. Hon. II. JB. Stuart, Circuit Judge. That a person can not be put twice in jeopardy for the-same offense is well settled. The difficulty in applying-the principle is where there are degrees in the crime, and where an included offense is tried by a court having no jurisdiction of the highest grade. All offenses of larceny are degrees of the same offense. (Code, sec. 260.) Justices-have .jurisdiction in petit larceny. Appellant, having once been tried and convicted and punished for larceny, can not again be put in jeopardy for any of the grades or degrees of that…
1Opinion of the CourtEnglish, C. J.
On the twenty-ninth of September, 1882, P. H. Southworth was arrested by the sheriff, and taken before a justice of the peace of Pike County, on a charge of stealing a cow. The case was postponed until the second of October, when the witnesses were examined by the justice, who found that the value of the property stolen was less than ten dollars, and that therefore the accused was not guilty of grand larceny. Thereupon the prisoner, under advice of his counsel, pleaded guilty to the charge of petit larceny, and was sentenced by the justice to imprisonment in the county jail for twenty-four…
2Cited by3 opinions
- Decker v. StateSupreme Court of Arkansas · 1971
- Floyd v. StateSupreme Court of Arkansas · 1906
- Mitchell v. StateOhio Supreme Court · 1884