Evans v. State
Supreme Court of Arkansas
APPEAL from St. Francis Circuit Court. M. T. Sanders, Judge. Evans was indicted for selling whisky without license on the 1st day of April, 1889. He entered a plea of former conviction, as follows: “ Comes the defendant and pleads former conviction, and prays his discharge from further trial, in this cause, because, he says, that on the 16th day of April, 1890, at the St. Francis circuit court, the defendant being then and there charged with the offense of selling whisky…
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APPEAL from St. Francis Circuit Court. M. T. Sanders, Judge. Evans was indicted for selling whisky without license on the 1st day of April, 1889. He entered a plea of former conviction, as follows: “ Comes the defendant and pleads former conviction, and prays his discharge from further trial, in this cause, because, he says, that on the 16th day of April, 1890, at the St. Francis circuit court, the defendant being then and there charged with the offense of selling whisky without license, etc., on the 1st day of January, 1889, and having then and there entered a plea of not guilty, was put…
1Opinion of the CourtCockrill, C. J.
1. Forme conviction. r There are two fatal defects in the appellant’s plea of former conviction. First, it does not verify the alleged conviction by the record. Bradley v. State, 32 Ark., 722; Fluty v. State, 45 id., 97. Second, the plea itself does not allege that the former conviction was for the offense the second prosecution was intended to punish. That allegation is as necessary in prosecutions for selling whisky as in prosecutions for other offenses. State v. Blahut, 48 Ark., 34. For aught that appears in the plea, the indictment and proof in the first prosecution may have identified…
2Cited by6 opinions
- Turner v. StateSupreme Court of Arkansas · 1917
- Josey v. StateSupreme Court of Arkansas · 1908
- Whitted v. StateSupreme Court of Arkansas · 1933
- Williams v. StateSupreme Court of Arkansas · 1959
- Bennett v. StateSupreme Court of Arkansas · 1953
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