State v. Nichols
Supreme Court of Arkansas
APPEAL from Franldin Circuit Court. Hon. W. D. Jackoway, Circuit Judge. The J. P. could only sit as an examining coui-t, on a charge of felony ; and if, instead of convicting of assault, and battery, he had simply discharged him, it would not have barred an indictment and conviction on a charge of maiming. How, then, could a conviction have been a bar? To hold this plea good, would establish a most pernicious precedent.
1Opinion of the CourtEnglish, C. J.
I. Indictment eor maiming :
Wm. Nichols was indicted in the Circuit Court of Franklin county, for maiming, the indictment charging that on the eleventh day of January, 1882, in the county aforesaid, lie unlawfully, feloniously, willfully, and of his malice aforethought, did bite off the ear of one D. A. Goldsmith, etc.
piea of "U Q J* 0 £ conviction
Defendant plead former conviction. The substance of the plea was that Goldsmith, by affidavit, charged him with the same maiming, before a justice of the peace; that he was arrested upon a warrant, and taken before the justice, who heard the…
2Cases cited1 opinion
- State v. FosterSupreme Court of Iowa · 1871
3Cited by10 opinions
- Commonwealth v. McCanMassachusetts Supreme Judicial Court · 1931
- Caton v. StateSupreme Court of Arkansas · 1972
- McCoy v. StateSupreme Court of Arkansas · 2002
- Glover v. StateSupreme Court of Arkansas · 1981
- Gaskin v. StateSupreme Court of Arkansas · 1968
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