Kreider v. State
Supreme Court of Arkansas
Appeal from Searcy Circuit Court; George W. Reed, Judge; 1. The indictment is indefinite and uncertain. We find no law making it a crime to “engage in the' running of a horse for pastime or amusement.” Kirby’s Dig., § § 2036, 2040; 10 Ark. 259. 2. The instructions were erroneous, and the proof inadequate to sustain a conviction. ' 1. The indictment is good under section 2036 or section 2040, Kirby’s Digest.
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Appeal from Searcy Circuit Court; George W. Reed, Judge; 1. The indictment is indefinite and uncertain. We find no law making it a crime to “engage in the' running of a horse for pastime or amusement.” Kirby’s Dig., § § 2036, 2040; 10 Ark. 259. 2. The instructions were erroneous, and the proof inadequate to sustain a conviction. ' 1. The indictment is good under section 2036 or section 2040, Kirby’s Digest. It specifically charges an offense and puts defendant on notice. 2. There is no error in the charge, and the proof is adequate to sustain a conviction.
1Opinion of the CourtFrauenthal, J.
This is an appeal from a judgment convicting the defendant of the offense of Sabbath-breaking. The indictment charged that the defendant did “on the 12th day of March, 1911, said day being the Christian Sabbath or Sunday, unlawfully engage in the running of a horse for pastime and amusement.” The defendant interposed a demurrer to the indictment upon the groimd that it did not state facts sufficient to constitute an offense, which was overruled. The statue te under which the indictment was returned provides that “every person who shall, on the Christian Sabbath or Sunday, be engaged in the…
2Cases cited8 opinions
- Commonwealth v. HasMassachusetts Supreme Judicial Court · 1877
- Scales v. StateSupreme Court of Arkansas · 1886
- Tucker v. WestSupreme Court of Arkansas · 1874
- State v. WittSupreme Court of Arkansas · 1882
- State v. AndersonSupreme Court of Arkansas · 1875
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3Cited by3 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- Rosenbaum v. StateSupreme Court of Arkansas · 1917
- McGowan v. MarylandSupreme Court of the United States · 1961