Palmer v. State
Supreme Court of Arkansas
Appeal from Pike Circuit Court; J. S. Lake, Judge; Act 200, Acts 1915, is void because it has no enacting clause. 27 Ark. 266; 101 Ark. 473; Const. Art. 5, Sec. 18. Act. 409, Acts 1907 is a quarantine measure only and does not contemplate cattle dipping, nor provide a penalty for failure to do so. 90 Ark. 343; 190 S. W. 436. The penal section of Act 409 was not followed in the indictment.
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Appeal from Pike Circuit Court; J. S. Lake, Judge; Act 200, Acts 1915, is void because it has no enacting clause. 27 Ark. 266; 101 Ark. 473; Const. Art. 5, Sec. 18. Act. 409, Acts 1907 is a quarantine measure only and does not contemplate cattle dipping, nor provide a penalty for failure to do so. 90 Ark. 343; 190 S. W. 436. The penal section of Act 409 was not followed in the indictment. Nothing less than a charge in the language of the statute can answer. 53 Ark. 334, 336. The act provides for an examination of suspected animals, and furnishing the owner a copy of the findings, together…
1Opinion of the CourtWood, J.
The appellanfwas indicted and convicted in the Pike Circuit Court of the crime of failing to dip his cattle and judgment was rendered against him in the sum of $1.00, from which is this appeal.
The indictment, omitting formal parts, charged as follows: “The said Tim Palmer in the county and State aforesaid on the 9th day of September, 1918,,being then and there the owner of, and having in charge cattle, did unlawfully fail and refuse to dip said cattle.’’ The appellant demurred to the indictment on the ground that the facts stated do not charge a public offense. The appellant contends that Act…
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