Hellems v. State
Supreme Court of Arkansas
Appeal from Sevier Circuit Court. Hon. L. B. Green, Circuit Judge. An act of the legislature takes effect from the first moment of the day of its passage, ü. S. vs. Williams et al., Paine’s C. C. R. 291 ; 20 Verm. 633 ; 1 JBish. Cr. Law s. 59. Where a rule has been entered that witnesses withdraw, none can be examined unless they had been under the rule. 1 Phil. 268; Barb. Cr.
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Appeal from Sevier Circuit Court. Hon. L. B. Green, Circuit Judge. An act of the legislature takes effect from the first moment of the day of its passage, ü. S. vs. Williams et al., Paine’s C. C. R. 291 ; 20 Verm. 633 ; 1 JBish. Cr. Law s. 59. Where a rule has been entered that witnesses withdraw, none can be examined unless they had been under the rule. 1 Phil. 268; Barb. Cr. Trea. 433 ; 1 Hill S. C. R. 254 ; 9 Price 4. The true test of justification in homicide is whether the person assaulted reasonably apprehended death or great bodily harm. 2 Bish, Cr. Law s. 561; 11 Humph. 200. No…
1Opinion of the CourtChief Justice English
At a term of the circuit court of Sevier county, begun and held on the third Monday of February, 1859, being the 21st day of the month, the appellant Hellems was tried, and convicted of murder in the second degree, and sentenced to the penitentiary for five years.
It is insisted by the appellant that the court was held at.a time not authorized by law, and that the trial and judgment were therefore coram non judice etc.
By act of 6th December, 1850, Gould’s Digest, p. 306, the circuit court for Sevier county was required to be held on the third Mondays in Februaiy and August in each year.
On the…
2Cases cited1 opinion
- Brumley v. StateSupreme Court of Arkansas · 1859
3Cited by10 opinions
- Williams v. StateSupreme Court of Arkansas · 1975
- Blaylock v. StreckerSupreme Court of Arkansas · 1987
- Allen v. StateSupreme Court of Arkansas · 1982
- Woodard v. StateSupreme Court of Arkansas · 1977
- Harris v. StateSupreme Court of Arkansas · 1926
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