Hempstead County v. McCollum
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court. RuEus D. Hearn, Judge. Fanning v. State, 47 Ark. 442 settles this case adversely to appellee. There was but one indictment, one plea, one legal proceeding of record, one judgment, and hence but one conviction. There was but one case between the State and the defendant. The defendant' was convicted of two offenses, larceny and burgdary, and there should have been separate sentences. Mansf.
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Appeal from Hempstead Circuit Court. RuEus D. Hearn, Judge. Fanning v. State, 47 Ark. 442 settles this case adversely to appellee. There was but one indictment, one plea, one legal proceeding of record, one judgment, and hence but one conviction. There was but one case between the State and the defendant. The defendant' was convicted of two offenses, larceny and burgdary, and there should have been separate sentences. Mansf. Dig', sec. 2317. 47 Ark. 442 only holds that there was one conviction. In this case defendant was convicted of burgdary and of larceny, two distinct offenses. Defendants…
1Concurrence
BaTTEE, J.,
(concurring.) Pitt Anderson was tried for and convicted of burglary and grand larceny on an indictment in which these offenses were joined. The prosecuting attorney, who represented the State in that cause, claims fees for two convictions. The statute, using the word “ felony ” in the singular and not plural number, says that he shall be allowed a fee of $25 for each conviction for any felony not capital.” The only question in the case is, were there two'convictions ?
Ordinarily, but one offense can be charged in the. same indictment. The statutes prohibit it, except in certain…
2Cases cited2 opinions
- Fanning v. StateSupreme Court of Arkansas · 1886
- Toliver v. StateSupreme Court of Arkansas · 1880