Anderson v. State
Supreme Court of Arkansas
ERROR to Miller Circuit Court. Hon. C, B. Mitchell, Circuit Judge. A new trial should have been granted on the ground of surprise. The court we think abused its discretion in refusing it. Levy v. Brown, 11 Arle., 21. This is no proper case of surprise, and differs from Levy v. Brown, 11 Arle., 21, where the whole question turned on the matter of diligence. This looks too much like an afterthought.
1Opinion of the CourtEnglish, C. J.
At the September term, 1881, of the circuit court of Miller county, A. A. Anderson was indicted, under section 1494 Ga7itt’s Digest, for following the occupation of an auctioneer without having paid the special tax required by law. He pleaded not guilty, was tried at the March term, 1883, found guilty by a jury, fined two hundred dollars, refused a new trial, and brought error.
On the trial the state proved that the defendant followed the occupation of an auctioneer, and made sales as such, in the early part of the year, 1881, in Texarkana, Miller county.
Defendant produced and read in evidence…
2Cited by5 opinions
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- Southern Cotton Oil Co. v. CampbellSupreme Court of Arkansas · 1913