Sweeden v. State
Supreme Court of Arkansas
Appeal from the Circuit Court of Conway county. Hon. Felix J. Batson, Circuit Judge, presiding. Upon appeal in a felony case, the party stands on all his legal rights that he has not expressly waived of record. Bivens vs. The State, 6 Eng. 451; Patterson vs. The State, 2 lb. 60. By no inference, intendment or construction, can the Court come to the conclusion, from the record, that appellant was present when the verdict was returned into Court.
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Appeal from the Circuit Court of Conway county. Hon. Felix J. Batson, Circuit Judge, presiding. Upon appeal in a felony case, the party stands on all his legal rights that he has not expressly waived of record. Bivens vs. The State, 6 Eng. 451; Patterson vs. The State, 2 lb. 60. By no inference, intendment or construction, can the Court come to the conclusion, from the record, that appellant was present when the verdict was returned into Court. No verdict could be returned and no judgment rendered against him unless he was personally present. Cole vs. The State, 5 Eng. 318; Chit. Cr. L. 636;…
1Opinion of the CourtJustice Hanly
The appellant was indicted in the Conway Circuit Court for an assault with intent to kill — plea not guilty — trial by a jury— verdict: “We, the jury, find Lewis Sweeden guilty of an assault and battery, and assess his fine at the sum of forty-five dollars” — judgment in pursuance of the verdict — motion in arrest — motion overruled and Sweeden appealed.
The charge laid in the indictment against the appellant being a felony under our statute, his counsel, under the practice of this Court as laid down in Bivens vs. The State, (6th Eng. Rep. 457,) and Patterson vs. The State, (2 Eng. R. 60,)…
2Cases cited1 opinion
- Gardenheir v. StateTexas Supreme Court · 1851
3Cited by8 opinions
- Caton v. StateSupreme Court of Arkansas · 1972
- Jones v. StateSupreme Court of Arkansas · 1911
- State v. CottonSouth Dakota Supreme Court · 1915
- Beard v. StateSupreme Court of Arkansas · 1906
- Caton v. StateSupreme Court of Arkansas · 1972
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