State v. Morris
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. Hon. R. B. Rutherford, Circuit Judge. The indictmeift charges but one offense, committed in different modes and by different means, which is allowable.
Read the full summary
APPEAL from Sebastian Circuit Court. Hon. R. B. Rutherford, Circuit Judge. The indictmeift charges but one offense, committed in different modes and by different means, which is allowable. Mansjeld’s Digest, Secs. 1827-30, 2108; and the suggestion of the prosecuting attorney was sufficient to show only one offense was charged. 32 Ark., 203; 33 lb., 176, 180; 34 lb., 436. The case should have been referred to another grand jury, and Appellee been held to answer a new indictment. MansJield’s Digest, Sec. 2169.
1Opinion of the Court
Cockrill, C. J..
The indictment in this case contains two counts. One is framed under the first section of the gaming act [Mansfield’s Revised Statutes, Sec. 1827), and 'charges the Appellee with setting up a gaming table. The other is found under the fourth section of the same act (Ib., Sec. 1830) and charges the same person with knowingly permitting a gambling table to be exhibited in a house occupied by him.
indictment: offenses”
The Defendant demurred to the indictment upon the ground that two offenses were charged against him. The prosecuting attorney suggested to the Court, as the record…
2Cited by2 opinions
- Sparks v. StateSupreme Court of Arkansas · 1908
- Opinion No., Arkansas Attorney General Reports1992