Rowe v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; The act does not make it a criminal offense to permit hogs to run at large. The word “unlawful” in the act does not make the violation of it a crime. “Unlawful” signifies contrary to law; but does not necessarily subject the doer to a criminal prosecution. 2 Bish. Crim.
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Appeal from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; The act does not make it a criminal offense to permit hogs to run at large. The word “unlawful” in the act does not make the violation of it a crime. “Unlawful” signifies contrary to law; but does not necessarily subject the doer to a criminal prosecution. 2 Bish. Crim. Raw, § 178. The only punishment prescribed for violating this act is the impounding of the stock and the costs and expenses resulting therefrom. ■The presumption is that the law is constitutional, and all conditions to be complied with before putting…
1Opinion of the CourtMcCulloch, C. J.
Appellant R. A. Rowe appeals from a judgment of conviction under an indictment charging him with a violation of the terms of a special stock law, approved May 23, 1901, which is applicable to certain counties. The statute provides for an election to be held, either at the next succeeding general election or at a special election in any of the counties therein named, for the purpose of determining whether or not the provisions of the statute should be put in force in the particular counties. It further provides that if, at said election, a majority of the votes cast on the question should be…
2Cases cited1 opinion
- The People v. . HislopNew York Court of Appeals · 1879
3Cited by1 opinion
- Davis v. StateSupreme Court of Arkansas · 1916