Lee v. State
Supreme Court of Arkansas
Appeal f/om Jefferson Circuit Court. TIoN. Hekry B. Morse, Circuit Judeje. The appellant submits tlie following: First. That the appellant was put in jeopardy of bis life by being put on bis trial on the merits in the former indictment in the same case; and that his trial under the indictment under which he was convicted, was putting him in jeopardy of his life twice, which Bhould not be done. Constitution of U. 8., 5th Amendment. Second.
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Appeal f/om Jefferson Circuit Court. TIoN. Hekry B. Morse, Circuit Judeje. The appellant submits tlie following: First. That the appellant was put in jeopardy of bis life by being put on bis trial on the merits in the former indictment in the same case; and that his trial under the indictment under which he was convicted, was putting him in jeopardy of his life twice, which Bhould not be done. Constitution of U. 8., 5th Amendment. Second. When the defendant pleads to the indictment, and a traverse jury is impaneled and sworn to try the cause, the jeopardy begins. Bishop on Crim. Laxo, 856;…
1Opinion of the CourtWlLSHIRE, C. J.
At the May term of the Jefferson (circuit court, Doctor T. Lee was indicted and tried for the murder of Ida Maria Dota, alias Ida Maria Lanfair, the indictment charging the murder to have been committed on the 22d day of September, 1869.
It appears from the transcript that the defendant plead not guilty, to which issue was joined, a jury impaneled, the witnesses sworn and put under the rule, and the cause stated to the jury by counsel, for both the defendant and the State. At this stage of the proceedings, the attorney for the State suggested to the court a variance between the date on which…
2Cases cited1 opinion
- State v. WalkerIndiana Supreme Court · 1866
3Cited by16 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Andrews v. StateSupreme Court of Alabama · 1911
- Gillespie v. StateIndiana Supreme Court · 1907
- Loyd v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Johnson v. StateSupreme Court of Arkansas · 1939
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