Fox v. State
Supreme Court of Arkansas
APPEAL from Marion Circuit Court, R. H. Powell, Judge. 1'. The charges in the two indictments embrace the same facts, and both charge an assault, and the same assault upon Everidge. The demurrer to the plea admits this. The indictment in the robbery ease contained all the elements of an indictment for simple assault, and an acquittal thereon was an acquittal of the whole charge. Wharton Cr.
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APPEAL from Marion Circuit Court, R. H. Powell, Judge. 1'. The charges in the two indictments embrace the same facts, and both charge an assault, and the same assault upon Everidge. The demurrer to the plea admits this. The indictment in the robbery ease contained all the elements of an indictment for simple assault, and an acquittal thereon was an acquittal of the whole charge. Wharton Cr. PI. and Pr., 465; 13 Ark., 712. Robbery and false imprisonment are not of the same generic class of crimes. The elements of one do not enter into the composition of the other. Robbery involves a larceny…
1Opinion of the CourtCockeiIjL, C. J.
Fox was indicted for robbing one Everidge, and was acquitted. He was then indicted for the false imprisonment of Everidge. He pleaded the acquittal of the first charge in bar of the prosecution of the second, alleging that the transaction and the offense in the two eases were the same. The court sustained a demurrer to the plea, the defendant was tried and convicted and appeals. The question is, does the acquittal of the charge of robbery bar the subsequent prosecution for false imprisonment ?
Each indictment charges that Fox assaulted Everidge, and sets forth the circumstances of the assault.…
2Cases cited8 opinions
- People v. MajorsCalifornia Supreme Court · 1884
- State v. . NashSupreme Court of North Carolina · 1882
- State v. SmithSupreme Court of Vermont · 1871
- Freeland v. PeopleIllinois Supreme Court · 1855
- State v. MikesellSupreme Court of Iowa · 1886
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3Cited by18 opinions
- Caton v. StateSupreme Court of Arkansas · 1972
- In re AllisonSupreme Court of Colorado · 1889
- People v. LagomarsinoCalifornia Court of Appeal · 1950
- Orcutt v. StateCourt of Criminal Appeals of Oklahoma · 1931
- Meyer v. StateSupreme Court of Arkansas · 1951
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