Legal Opinion

Sumpter v. State

Supreme Court of Arkansas

Decided December 10, 1906PublishedCited by 6 opinions

Appeal from Garland Circuit Court; Alexander M. Dufñe, Judge; STATEMENT BY THE COURT. The grand jury of Garland County returned an indictment against O. H. Sumpter, county judge of Garland County, for nonfeasance in office for failing to hold the common pleas court on the 13th day of September, 1906, that being a day of an adjourned term of that court which the county judge was required to hold.

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Appeal from Garland Circuit Court; Alexander M. Dufñe, Judge; STATEMENT BY THE COURT. The grand jury of Garland County returned an indictment against O. H. Sumpter, county judge of Garland County, for nonfeasance in office for failing to hold the common pleas court on the 13th day of September, 1906, that being a day of an adjourned term of that court which the county judge was required to hold. Afterwards, on motion of the prosecuting attorney, the circuit court entered an order suspending Sumpter from the office of county judge until the indictment was tried, but specified that the…

1Opinion of the Court

Riddick, J.,

(after stating the facts.) The only question presented by this appeal is whether the statute by virtue of which the appellant was suspended from the office of county judge pending the trial of an indictment against him for nonfeasance in office is a valid law or not. The language of the act is as follows:

“Whenever any presentment or indictment shall be filed in any circuit court of this State against any county or township officer for incompetency, corruption, gross immorality, criminal conduct amounting to a felony, malfeasance, misfeasance or nonfeasance in office, such circuit…

2Cases cited1 opinion

  1. Taylor and Marshall v. BeckhamSupreme Court of the United States · 1900

3Cited by6 opinions

  1. McDowell v. BurnettSupreme Court of South Carolina · 1912
  2. People v. RobinsonCalifornia Court of Appeal · 1933
  3. Gray v. Independence CountySupreme Court of Arkansas · 1924
  4. Payne v. ArkebauerSupreme Court of Arkansas · 1935
  5. May v. EdwardsSupreme Court of Arkansas · 1974

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