Legal Opinion

Lay v. State

Supreme Court of Arkansas

Decided November 15, 1883PublishedCited by 6 opinions

APPEAL from Cleburne Circuit Court, lion. P. T. VaughaN, Circuit Judge. 1. The record does not show that the jury were properly sworn. Sec. 1921 Gantt’s Digest; 21 Ark., 1J¡J¡.; 17 lb., 332; 11 Ib., 155. 2. The prosecution was barred by limitation, the indictment not having been found within three years. The finding of the first indictment did not stop the statute, as it was for a different offense, and does not come within the exceptions of the statute.

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APPEAL from Cleburne Circuit Court, lion. P. T. VaughaN, Circuit Judge. 1. The record does not show that the jury were properly sworn. Sec. 1921 Gantt’s Digest; 21 Ark., 1J¡J¡.; 17 lb., 332; 11 Ib., 155. 2. The prosecution was barred by limitation, the indictment not having been found within three years. The finding of the first indictment did not stop the statute, as it was for a different offense, and does not come within the exceptions of the statute. (Gantt’s Digest, secs. 1667, 1664 and 1844) The first indictment was not quashed, reversed or set aside. 3. The conviction was had upon the…

1Opinion of the Court

OPINION.

Counsel for appellant have not submitted any objection to the form or sufficiency of the indictment in the extended argument filed by them. They insist that a new trial should have been granted on several grounds, which will be taken up and disposed of in the order in which they have been presented and discussed.

1. There is nothing in the point that the record fails to show that the trial jury was sworn. The entry showing the impanneling of the jury, after naming the jurors selected, adds, “ twelve good and lawful men, and qualified electors of Cleburne County, who were selected,…

2Cases cited1 opinion

  1. State v. WashburnSupreme Court of Missouri · 1871

3Cited by6 opinions

  1. Wilson v. StateSupreme Court of Arkansas · 1934
  2. Jones v. StateSupreme Court of Arkansas · 2002
  3. Gill v. StateSupreme Court of Arkansas · 1894
  4. Ferebee v. United StatesCourt of Appeals for the Fourth Circuit · 1924
  5. Harris v. StateSupreme Court of Arkansas · 1919

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