Barwick v. State
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; W. J. Driver, Judge; 1. Unlike the Joiner case, 94 Ark. 198, tlie record in this case shows that the plea of appellant was entered upon condition. It is immaterial that the judgment of February, 1907, was entered by appellant’s consent.
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Appeal from Craighead Circuit Court, Jonesboro District; W. J. Driver, Judge; 1. Unlike the Joiner case, 94 Ark. 198, tlie record in this case shows that the plea of appellant was entered upon condition. It is immaterial that the judgment of February, 1907, was entered by appellant’s consent. The court had no power at the November term, 1912, to impose any part of a sentence upon appellant under the order rendered at the February term, 1907. 144 S. W. (Ark.) 208. “The entire sentence must be pronounced at one time, not in parcels. ’ ’ 1 Bishop’s New Criminal Procedure, § 1291; 61 Mich. 110.…
1Opinion of the CourtMcCulloch, C. J.
An indictment was returned by the grand jury of Craighead County, Jonesboro District, at the October term, 1906, against appellant, Ben Bar-wick, charging him with the offense of selling intoxicating liquor in violation of law. At the next term of the court, which was the February term, 1907, appellant entered a plea of guilty to the charge and the court, after receiving the plea and noting the same upon the record, caused an order to be entered “that this cause be continued; that the defendant pay all costs herein at once, and that the fine he imposed at the pleasure of the court.” No…
2Cases cited4 opinions
- Joiner v. StateSupreme Court of Arkansas · 1910
- Ex parte HallSupreme Court of Alabama · 1872
- Wolfe v. StateSupreme Court of Arkansas · 1912
- Villines v. StateSupreme Court of Arkansas · 1912
3Cited by7 opinions
- State Medical Board v. RodgersSupreme Court of Arkansas · 1935
- Huddleston v. Craighead CountySupreme Court of Arkansas · 1917
- Stocks v. StateSupreme Court of Arkansas · 1926
- Cox v. StateSupreme Court of Arkansas · 1914
- Duncan v. StateSupreme Court of Arkansas · 1916
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