Cox v. State
Supreme Court of Arkansas
Appeal from Pike Circuit Court; James S. Steel, Judge; 1. The indictment charges more than one. offense, and it was error to refuse the motion to require the State to elect. 84 Ark. 136; 201 S. W. 845; 135 Ark. 245; 37 Id. 408. An indictment must charge hut one offense. C. & M. Digest, § 3016; 118 Ark. 35. The State should have been required to elect which charge she will proceed under to prosecute. 33 Ark. 180; 32 Id. 203; 36 Id. 55; 58 Id.(By.
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Appeal from Pike Circuit Court; James S. Steel, Judge; 1. The indictment charges more than one. offense, and it was error to refuse the motion to require the State to elect. 84 Ark. 136; 201 S. W. 845; 135 Ark. 245; 37 Id. 408. An indictment must charge hut one offense. C. & M. Digest, § 3016; 118 Ark. 35. The State should have been required to elect which charge she will proceed under to prosecute. 33 Ark. 180; 32 Id. 203; 36 Id. 55; 58 Id.(By. Go. v. State). The indictment was defective under section 3028, C. ' & M. Digest; 5 Words and Phrases, p. 4344, ' ■ 2. Instruction No. 1 for the…
1Opinion of the CourtHart, J.
Horace Cox prosecutes this appeal to reverse a judgment and sentence of conviction against him for a violation of our liquor laws.
The indictment charges that Horace Cox on the 15th day of January, 1921, “did unlawfully and feloniously make and manufacture, and was unlawfully and feloni-ously interested in the making and manufacture of ardent, vinous, malt, spirituous, intoxicating and alcoholic liquors,” etc.
The defendant filed a motion to require the State to elect upon which count it would proceed, and assigned as error the refusal of the court to require the State to make such election.
Coun…
2Cases cited3 opinions
- Gramlich v. StateSupreme Court of Arkansas · 1918
- Chronister v. StateSupreme Court of Arkansas · 1919
- Davis v. StateSupreme Court of Arkansas · 1887
3Cited by4 opinions
- Holmes v. StateSupreme Court of Arkansas · 1923
- Lambdin v. StateSupreme Court of Arkansas · 1921
- Miller v. StateSupreme Court of Arkansas · 1923
- Pennell v. StateSupreme Court of Arkansas · 1926