Hudspeth v. State
Supreme Court of Arkansas
APPEAL from Boone Circuit Court, R. H. Powell, Judge. 1. It was error to submit the cause to a second grand1 jury, when there was an indictment then pending for the same offense. The burning of records and indictments does not put an end to the first prosecution. 40 Ark, 494; sec. 2130, Mansf, Dig., was repealed by the code. 48 Ark, 101. 2. The grand jury was not legally impanelled. See sec. 3976, Mansf. Dig., for proper manner.
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APPEAL from Boone Circuit Court, R. H. Powell, Judge. 1. It was error to submit the cause to a second grand1 jury, when there was an indictment then pending for the same offense. The burning of records and indictments does not put an end to the first prosecution. 40 Ark, 494; sec. 2130, Mansf, Dig., was repealed by the code. 48 Ark, 101. 2. The grand jury was not legally impanelled. See sec. 3976, Mansf. Dig., for proper manner. Also sec. 4003, where the lists are destroyed, and secs. 3982-3. 34 Ark, 722. 21 Ark, 201. The statute was not complied with in this case. The lists returned by the…
1Opinion of the CourtBattle, J.
The defendant, Hudspeth, was twice indicted in the Marion circuit court for murder in the first degree, committed by killing one George Watkins — was twice indicted for the same offense, The indictments were found by different grand juries and at different terms of the court. The second was found at the August term in 1887. The defendant moved to set it aside for the following reasons:
First, The grand jury which found it had not been selected, summoned and impanelled in the manner prescribed by law.
Second. The grand jury which returned it had not been selected and summoned by the sheriff; and…
2Cited by9 opinions
- Davis v. StateSupreme Court of Arkansas · 1910
- Roath v. StateSupreme Court of Arkansas · 1932
- Baker v. StateSupreme Court of Arkansas · 1894
- Stevens v. StateSupreme Court of Arkansas · 1914
- Alford v. StateSupreme Court of Arkansas · 1923
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