Dudney v. State
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; C. W. Smith, Judge; 1. The demurrer should have been sustained. The affidavit stated no violation of law. 202 S. W. 39. It did not charge that defendant transported whiskey “for another or unlawfully.” 2. The motion in arrest of judgment should have been sustained. There was nothing in the information or affidavit upon which the court could render judgment.
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Appeal from Columbia Circuit Court; C. W. Smith, Judge; 1. The demurrer should have been sustained. The affidavit stated no violation of law. 202 S. W. 39. It did not charge that defendant transported whiskey “for another or unlawfully.” 2. The motion in arrest of judgment should have been sustained. There was nothing in the information or affidavit upon which the court could render judgment. It charged no violation of law. 85 Ark. 404; 100 Id. 195; Kirby’s Digest, § 2427. 3. The evidence was not sufficient. 202 S. W. 39. 1. The demurrer was properly overruled. The affidavit advised defendant…
1Opinion of the CourtWood, J.
The following affidavit was made before a justice of the peace, towit: “I, B. E. Greer, do solemnly swear that on the 7th day of January, 1918, at the county aforesaid, one M. L. Dudney feloniously and wilfully committed the offense of transporting whiskey in the State of Arkansas, and pray a warrant for the arrest of the said M. L. Dudney. ’ ’ A warrant of arrest was issued which, omitting formal parts, is as follows: “It appearing that M. L. Dudney has committed the offense of transporting whiskey into the State of Arkansas, in the county of Columbia, you are, therefore, commanded forthwith…
2Cases cited6 opinions
- Stokes v. StateSupreme Court of Arkansas · 1916
- Kinkead v. StateSupreme Court of Arkansas · 1885
- Cox v. City of JonesboroSupreme Court of Arkansas · 1914
- Watson v. StateSupreme Court of Arkansas · 1874
- Tucker v. StateSupreme Court of Arkansas · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gomez v. StateSupreme Court of Arkansas · 1991
- Van Daley v. StateCourt of Appeals of Arkansas · 1987
- State v. RichardsonSupreme Court of Arkansas · 2008
- Mayfield v. StateSupreme Court of Arkansas · 1923
- Estes v. StateSupreme Court of Arkansas · 1929
1 more not listed; retrieve them via the Exa API.