Hudspeth v. State
Supreme Court of Arkansas
APPEAL from Clay Circuit Court. J. E. Riddick, Judge. Appellant was convicted of a felony. By this appeal it is •sought to test the validity of an order of the county court ■fixing the place for holding courts.
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APPEAL from Clay Circuit Court. J. E. Riddick, Judge. Appellant was convicted of a felony. By this appeal it is •sought to test the validity of an order of the county court ■fixing the place for holding courts. The facts sufficiently appear in the opinion. 1. Defendant was entitled to a new trial on the ground of newly discovered evidence. 2. The question whether the court was held at the place provided by law is properly before this court. 20 Ark,, 78. The county court ignored the provisions of Mansf. Dig., secs. 1161-2; 60 111., 328. Block 5 was selected as the county seat by vote of the…
1Opinion of the CourtHemingway, J.
The grounds relied upon for a reversal are: first, newly discovered evidence; and, second, that the court, at which the defendant was convicted, was not held at the place provided by law for holding court in the-eastern district of Clay county.
The evidence relied upon to sustain the first ground could be material only for the purpose of impeaching the prosecuting witness, and it has been repeatedly held by this court that the discovery of such evidence constitutes no ground: for a new trial. Redman v. State, 40 Ark., 445.
The county seat of the eastern district of Clay county had been at…
2Cited by14 opinions
- Williams v. ReutzelSupreme Court of Arkansas · 1895
- Mell v. StateSupreme Court of Arkansas · 1918
- Costa v. ReedSupreme Court of Connecticut · 1931
- Lee v. StateSupreme Court of Arkansas · 1892
- Reese v. SteelSupreme Court of Arkansas · 1904
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