Legal Opinion · Dissent

McCraw v. Pate

Supreme Court of Arkansas

Decided April 30, 1973No. 73-68Published

1DissentCarleton Harris, Chief Justice

My views in this case are very similar to those of the Attorney General expressed in oral argument before the court. I do not consider this litigation to be controlled by Amenment No. 29 to the Arkansas Constitution, but rather, to be controlled by Article 19, Section 5, of the Constitution. Had Tommy Smith died after he had taken office on January 1, 1973, instead of dying after being elected in November, 1972 (December 26, 1972), but before January 1, 1973, then I would agree that Amendment No. 29 controls. But our constitutional provisions must be read together and interpreted where all…

2Cases cited3 opinions

  1. State v. Green and RockSupreme Court of Arkansas · 1943
  2. Justice v. CampbellSupreme Court of Arkansas · 1967
  3. McCoy v. StorySupreme Court of Arkansas · 1967

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