State v. Walker
Supreme Court of Arkansas
Appeal from Prairie Circuit Court; TJws. C. Trimble, Judge; STATEMENT BY THE COURT. This appeal is prosecuted by the State from a judgment of the lower court granting appellee a new trial. He was cashier of the Bank of Hazen and indicted and convicted of making false entries on its books of account with the felonious intent to defraud the bank.
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Appeal from Prairie Circuit Court; TJws. C. Trimble, Judge; STATEMENT BY THE COURT. This appeal is prosecuted by the State from a judgment of the lower court granting appellee a new trial. He was cashier of the Bank of Hazen and indicted and convicted of making false entries on its books of account with the felonious intent to defraud the bank. He moved for a new trial setting up various alleged errors committed in the trial as grounds therefor, including the one that 'Claud Grant, one of the jurors, was a member of the grand jury which indicted him for embezzlement of $4,000 of the funds of…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended that the State is without authority to appeal from a judgment granting a motion for a new trial in a felony case.
The Constitution provides: “The Supreme Court, except in cases otherwise provided by this Constitution shall have appellate jurisdiction only, which shall be coextensive with the State, under such restrictions as may from time to time ibe prescribed 'by law,” etc. Art. 7, section 4, Constitution 1874.
“An appeal shall only be taken on a final judgment, except on ¡behalf of the State”’ Section 2584, Kirby’s Digest.
When the State…
2Cases cited3 opinions
- State v. FlynnSupreme Court of Arkansas · 1876
- State v. RobinsonSupreme Court of Arkansas · 1892
- State v. RossSupreme Court of Arkansas · 1879
3Cited by1 opinion
- State v. TaylorSupreme Court of Arkansas · 1929