Green v. State
Supreme Court of Arkansas
Appeal from the Circuit Court of Jefferson county. The Hon. Theodoric F. Sorrells, Circuit Judge. The Court proceeded to try the defendant upon a pretended transcript, that did not show with sufficient certainty in what court the proceedings were had, and after the prisoner had been tried, and verdict rendered, ordered a writ of certiorari to the clerk of the Circuit Court of the county, from which the trial had been moved by change of venue, to supply omissions in the…
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Appeal from the Circuit Court of Jefferson county. The Hon. Theodoric F. Sorrells, Circuit Judge. The Court proceeded to try the defendant upon a pretended transcript, that did not show with sufficient certainty in what court the proceedings were had, and after the prisoner had been tried, and verdict rendered, ordered a writ of certiorari to the clerk of the Circuit Court of the county, from which the trial had been moved by change of venue, to supply omissions in the transcript. The record upon which the prisoner was tried, did not show, at the time of trial, that any grand jury had been…
1Opinion of the CourtChief Justice English
At the May term of the Jefferson Circuit Court, 1857, Elihu D. Green was tried upon an indictment for the murder of Francis M. Whitesides, on a change of venue from Bradley; convicted of murder in the second degree, and sentenced to the penitentiary for fifteen years. He filed a motion in arrest of judgment, which was overruled, and he appealed to this Court.
1. The first ground for the motion in arrest of judgment is, that the transcript of the record sent from the Bradley to the Jefferson Circuit Court, on the change of venue, did not show that the indictment, upon which the defendant was…
2Cases cited2 opinions
- Bixby v. StateSupreme Court of Arkansas · 1854
- State v. HicklinSupreme Court of Arkansas · 1843
3Cited by8 opinions
- State v. FiesterOregon Supreme Court · 1897
- Smith v. District CourtSupreme Court of Iowa · 1906
- Lane, Smith & Barg v. StateSupreme Court of Arkansas · 1950
- Ragsdale v. StateSupreme Court of Arkansas · 1918
- Mitchell v. StateIndiana Supreme Court · 1878
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