James v. State
Supreme Court of Arkansas
Appeal from Searcy Circuit Court; George W. Reed, Judge; The court erred in instructing the jury that the burden was on the defendant to show that the offense was committed more than one year before the finding of the indictment. That it was committed within one year was a material allegation of the indictment, and the burden was on the State to prove it.
Read the full summary
Appeal from Searcy Circuit Court; George W. Reed, Judge; The court erred in instructing the jury that the burden was on the defendant to show that the offense was committed more than one year before the finding of the indictment. That it was committed within one year was a material allegation of the indictment, and the burden was on the State to prove it. When the appellant pleaded the statutes of limitation, that was a special and affirmative defense, the burden of proving which rested upon him; but the court correctly instructéd the jury that upon the whole case, including the statutes of…
1Opinion of the CourtMcCulloch, C. J.
The defendant, George James, appeals from a judgment of conviction under an indictment charging him with giving away whiskey to a minor, alleged to have been committed in Searcy County, Arkansas, on a certain day named in the indictment, the day specified being within twelve months before the finding of the indictment.
The young man to whom the whiskey is alleged to have been given by defendant, testified, in support of the allegations of the indictment, and his testimony is sufficient to show that defendant gave him whiskey in the county within twelve months before the finding of the…
2Cases cited4 opinions
- Scoggins v. StateSupreme Court of Arkansas · 1877
- State v. ReedSupreme Court of Arkansas · 1885
- State v. GillSupreme Court of Arkansas · 1878
- Gill v. StateSupreme Court of Arkansas · 1882
3Cited by3 opinions
- Oakes v. StateSupreme Court of Arkansas · 1918
- Payne v. StateSupreme Court of Arkansas · 1954
- State v. HarveySupreme Court of Arkansas · 1925