Legal Opinion

State v. Fox

Supreme Court of Arkansas

Decided January 24, 1916PublishedCited by 15 opinions

Appeal from Prairie ’Circuit Court, Southern District; Thos. G. Trimble, Judge; STATEMENT BY THE COURT. These cases were briefed and tried together. ■ The grand jury of Prairie County returned indictments, one against the defendant W. L. Fox, charging him with embezzlement in January, 1913, of $5,000, in gold and silver, lawful money of the United States, from the Hazen Power & Light Company, of which he was secretary .and treasurer; and one against W. H. Fox, charging him…

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Appeal from Prairie ’Circuit Court, Southern District; Thos. G. Trimble, Judge; STATEMENT BY THE COURT. These cases were briefed and tried together. ■ The grand jury of Prairie County returned indictments, one against the defendant W. L. Fox, charging him with embezzlement in January, 1913, of $5,000, in gold and silver, lawful money of the United States, from the Hazen Power & Light Company, of which he was secretary .and treasurer; and one against W. H. Fox, charging him with the embezzlement and conversion to his own use in November, 1913, of two engines and boilers of the value of $2,000,…

1Opinion of the Court

Kirby, J.,

(after stating the facts). The State contends that the court erred in quashing the indictments, being without authority to review the evidence upon which they were found and determine the sufficiency thereof.

The statutes provide that the grand jury can receive none but legal evidence and should find an indictment when all the evidence before them taken together, would in their judgment if unexplained, warrant a conviction by a trial jury. Sections 2203-4, Kirby’s Digest.(1) Upon the arraignment or upon the call of the indictment for trial, if there is no arraignment the defendant…

2Cases cited7 opinions

  1. State v. LongstrethNorth Dakota Supreme Court · 1909
  2. Latourette v. StateSupreme Court of Arkansas · 1909
  3. Lee v. StateCourt of Criminal Appeals of Texas · 1912
  4. State v. BrittonSupreme Court of Louisiana · 1912
  5. Worthem v. StateSupreme Court of Arkansas · 1907

2 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Nance v. StateSupreme Court of Arkansas · 1996
  2. State v. RevereSupreme Court of Louisiana · 1957
  3. Goodwin v. StateSupreme Court of Arkansas · 1962
  4. Collins v. StateSupreme Court of Arkansas · 1940
  5. McDonald v. StateSupreme Court of Arkansas · 1922

10 more not listed; retrieve them via the Exa API.

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