Kelley v. State
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Southern District; Eugene Lankford, Judge; 1. The court had no jurisdiction. The clerk failed to certify copies of the indictment, proceedings, order of removal, as required by statute. Kirby’s Digest, § 2326; 38 Cyc. 938; 58 S. W. 686, 690; 7 Nev. 83-95; Black, Law Diet. 1183. (1 ed.); 15 Ark. 624; 33 Id. 815; 36 Id. 237; 38 Id. 221; 48 Id. 94, 105; 63 Id. 130; 72 Id. 613. 2. The indictment charges no offense.
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Appeal from Prairie Circuit Court, Southern District; Eugene Lankford, Judge; 1. The court had no jurisdiction. The clerk failed to certify copies of the indictment, proceedings, order of removal, as required by statute. Kirby’s Digest, § 2326; 38 Cyc. 938; 58 S. W. 686, 690; 7 Nev. 83-95; Black, Law Diet. 1183. (1 ed.); 15 Ark. 624; 33 Id. 815; 36 Id. 237; 38 Id. 221; 48 Id. 94, 105; 63 Id. 130; 72 Id. 613. 2. The indictment charges no offense. Acts 1909, § 4, p. 506. 3. There was a fatal variance in the proof and the indictment. Defendant was charged with “falsifying returns, ” while the…
1Opinion of the CourtWood, J.
1. Section 4 of act 165 of the Acts of 1909, provides as follows: “Any judge or clerk, serving at any such primary election, who shall in any manner falsify the returns of the same, or knowingly make a false count of the ballots cast, or aid or abet any such act of any other person, or knowingly permit such to be done, shall be deemed guilty of a felony, etc.”
Appellant, who was a clerk at the primary election held in Monroe County on January 15, 1910, was indicted under the above section. The indictment charged him with the crime of “falsifying returns of election, committed as follows:” The…
2Cases cited6 opinions
- Lee v. StateSupreme Court of Arkansas · 1904
- Johnson v. StateSupreme Court of Arkansas · 1880
- State ex rel. Welty v. McFaddenNebraska Supreme Court · 1896
- State v. CulbreathSupreme Court of Arkansas · 1902
- People ex rel. Powell v. RuyleIllinois Supreme Court · 1878
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3Cited by7 opinions
- Speer v. StateSupreme Court of Arkansas · 1917
- Nordin v. StateSupreme Court of Arkansas · 1920
- State v. BunchSupreme Court of Arkansas · 1915
- Johnston v. Ms. Pac. R.R. Co., Thompson, TrusteeSupreme Court of Arkansas · 1942
- Murry v. StateSupreme Court of Arkansas · 1921
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