Kinkead v. State
Supreme Court of Arkansas
APPEAL from Garland Circuit Court. Pión. J. B. Wood, Circúit Judge. ' 1. The justice, Steigler, had no authority or jurisdiction to try appellant. The change of venue was to-Allen, J. P., of "Sulphur township. Mansf.
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APPEAL from Garland Circuit Court. Pión. J. B. Wood, Circúit Judge. ' 1. The justice, Steigler, had no authority or jurisdiction to try appellant. The change of venue was to-Allen, J. P., of "Sulphur township. Mansf. Dig., Sec. 2338, 2380; 38 Ark., 32‡; 36 Id., 268; 38 Id., 221; 33 Id., 329. 2. The justice not having jurisdiction, the circuit court had none on appeal. 3 Ark., 27, 366; 6 Id., 3J3; 10 Id., 266; 32 Id., 117. 3. The warrant did not state facts to constitute a public offense. Const., Art. 2, Sec. 10; Mansf. Dig., Secs. 1966, 1910. He must be tried in circuit court for same…
1Opinion of the Court
Smith, J.-
Kinkead was charged, before a justice of the peace of Hot Spring township, in Garland county, with carrying a pistol as a weapon. He obtained a change of venue, and the cause was directed to be sent to Justice Allen, in Sulphur township. The trial took place, without objection, so far as appears, before Justice Steigler, whose docket entry recites that he was the only justice of the peace in Sulphur township. The defendant having been convicted, and having appealed to the circuit court, sought there to question the authority of Steigler to hear and determine the case, he not being…
2Cited by11 opinions
- Burrow v. Hot SpringsSupreme Court of Arkansas · 1908
- Cox v. City of JonesboroSupreme Court of Arkansas · 1914
- Mayfield v. StateSupreme Court of Arkansas · 1923
- Dudney v. StateSupreme Court of Arkansas · 1918
- Tucker v. StateSupreme Court of Arkansas · 1908
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