Watkins v. State
Supreme Court of Arkansas
ERROR to Jefferson Circuit Court. Hon. J. A. Williams, Special Judge. statement. In May, 1881, Percy Watkins, Joseph Wesson, Thomas Ferguson and Charles Beasley were jointly indicted in the Circuit Court of Jefferson county, by two separate counts in the same indictment, for burglary and larceny — the first count charging them with burglary, and the second with grand larceny.
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ERROR to Jefferson Circuit Court. Hon. J. A. Williams, Special Judge. statement. In May, 1881, Percy Watkins, Joseph Wesson, Thomas Ferguson and Charles Beasley were jointly indicted in the Circuit Court of Jefferson county, by two separate counts in the same indictment, for burglary and larceny — the first count charging them with burglary, and the second with grand larceny. The indictment was not signed by the Prosecuting Attorney, but was endorsed, “a true bill,” and the endorsement ■signed by the foreman of the grand jury, and the bill regularly filed, in court. Watkins, demanding a…
1Opinion of the CourtHarrison, J.
A bill of exceptions could only be sighed 1)3' the Special Judge before whom the case was tried and •the exceptions taken.
Judge Pindall, the regular Judge, could not have had that direct and certain knowledge of the proceedings and rulings of the court as might enable him to make the matters excepted to a part of the record by a bill of exceptions..
The paper purporting to be a bill of exceptions, and signed by him as such, therefore, constitutes no part of the record, and is a nullity.
A count for grand larceny may be joined, with one for burglary, in the same indictment. Gantt’s Digest, sec.…
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