Potter v. State
Supreme Court of Arkansas
ERROR to Craighead Circuit Court. Hon. J. G-. Emerson Circuit Judge. 1. Plaintiff in error had been once before in jeopardy for the same offense. Const, art. 2, secs. 8 and 10; 26 Ark., 260; 17 Mo., 54,1; 4-1 lb., 254; 7 Ind., 824; 32 Mo., 480; 48 Cal, m3; 141ml, 139; 14 Ohio, 295 ; 20 Pick., 336; 7 Allen, 328; 12 Ohio St., 214; Kelly Cr.
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ERROR to Craighead Circuit Court. Hon. J. G-. Emerson Circuit Judge. 1. Plaintiff in error had been once before in jeopardy for the same offense. Const, art. 2, secs. 8 and 10; 26 Ark., 260; 17 Mo., 54,1; 4-1 lb., 254; 7 Ind., 824; 32 Mo., 480; 48 Cal, m3; 141ml, 139; 14 Ohio, 295 ; 20 Pick., 336; 7 Allen, 328; 12 Ohio St., 214; Kelly Cr. Prac., secs. 218-19-22; 4 Ark., 162; 9 lb., 497. 2. By the change of venue to Cross County the Craig-head Circuit Court lost jurisdiction of the cause. Gantt’s Digest, secs. 1868, 1886; 4 Ark., 162; 9 Ib., I¡97. 3. The motion for a continuance should have…
1Opinion of the Court
OPINION.
before the plaintiff in error was put upon trial on plea of not guilty, he pleaded the mistrial in the Cross _ Circuit Court as a former jeopardy and bar to further prosecution on the second indictment, and the court sustained a demurrer to the plea.
By section 8 of the Declaration of Rights, it is provided that “ no person for the same offense shall be twice put in jeopardy of life or liberty; but if in any criminal prosecution the jury be divided in opinion, the court before which the trial shall be had, may, in its discretion, discharge the jury and commit or bail the accused for…
2Cited by6 opinions
- Shaw v. StateSupreme Court of Arkansas · 1991
- State v. LarimoreIndiana Supreme Court · 1910
- Smith v. StateSupreme Court of Arkansas · 1987
- Meyers v. StateSupreme Court of Arkansas · 1981
- Schoolfield v. StateCourt of Appeals of Arkansas · 2018
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