State v. Cryer
Supreme Court of Arkansas
Writ of Error to Lafayette Circuit Court. Hon. Abner A. Stith, Circuit Judge 1 The joinder of the two counts was not objectionable. 4 Ark. 56; 13 S. Sp M. 468; 1 Cheves 103; 2 McLean 325. If objectionable, it could not be reached by demurrer. 4 Ark. 56; 13 S. Sp M. 468. The rule is well settled, both in criminal and civil pleadings, that counts can be joined in the same action or indictment for different causes, only when those causes are of the same nature, subject to the…
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Writ of Error to Lafayette Circuit Court. Hon. Abner A. Stith, Circuit Judge 1 The joinder of the two counts was not objectionable. 4 Ark. 56; 13 S. Sp M. 468; 1 Cheves 103; 2 McLean 325. If objectionable, it could not be reached by demurrer. 4 Ark. 56; 13 S. Sp M. 468. The rule is well settled, both in criminal and civil pleadings, that counts can be joined in the same action or indictment for different causes, only when those causes are of the same nature, subject to the same plea, as well as to the same judgment. These furnish the only safe rule by which to determine the propriety of…
1Opinion of the CourtChief Justice English
This was an indictment against Thomas Cryer, determined in the Lafayette Circuit Court.
There were three counts in the indictment: the 1st and 2d charging, with some variation of form, that Cryer assaulted Sarah Stricklin with a pistol, with intent to commit murder; and the 3d charging that he assaulted her with a deadly weapon (a pistol), with intent to inflict upon her a bodily injury, without considerable provocation, etc.
The Court sustained a demurrer to the indictment, interposed by Cryer, and the State brought error.
It is insisted that the indictment was bad, and subject to demurrer;…
2Cases cited1 opinion
- Baker v. StateSupreme Court of Arkansas · 1842
3Cited by4 opinions
- Pivak v. StateIndiana Supreme Court · 1931
- Lawson v. StateIndiana Supreme Court · 1931
- Perue v. StateWyoming Supreme Court · 1931
- State v. HollandSupreme Court of Arkansas · 1860