Legal Opinion

State v. Smith

Supreme Court of Arkansas

Decided March 15, 1915PublishedCited by 8 opinions

Appeal from Washington Circuit Court; J. 8. Maples, Judge; 1. There is no motion for new trial in the record. 2. It is -doubtful that there is a sufficient authentication of the bill of exceptions even as to Smith. Mr. Fuller’s term of office had expired when he signed the ■agreement as to the correctness of the bill of exceptions. Had he authority to do -so? The -alleged bill of exceptions was not signed either by Longan or his counsel.

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Appeal from Washington Circuit Court; J. 8. Maples, Judge; 1. There is no motion for new trial in the record. 2. It is -doubtful that there is a sufficient authentication of the bill of exceptions even as to Smith. Mr. Fuller’s term of office had expired when he signed the ■agreement as to the correctness of the bill of exceptions. Had he authority to do -so? The -alleged bill of exceptions was not signed either by Longan or his counsel. As to him there is nothing before the court and the judgment should be affirmed. Acts 1911, p. 192, § 1.

1Opinion of the CourtMcCulloch, C. J.

The defendants H. C. Smith and J. C. Longan were jointly indicted by the grand jury of Benton County tfor conspiracy, alleged to have been committed by conspiring together to defraud the county in a transaction concerning the purchase of a tract of land. A change of venue was granted and the cause removed to Washington County, where it went to trial. The trial resulted in a verdict and judgment for defendants and the State has appealed.(1) It is insisted by counsel for Longan that there is no bill of exceptions in the case, and that for that reason the judgment must be affirmed, inasmuch as…

2Cases cited1 opinion

  1. Cumnock v. StateSupreme Court of Arkansas · 1908

3Cited by8 opinions

  1. Gardner v. StateCourt of Appeals of Maryland · 1979
  2. Regle v. StateCourt of Special Appeals of Maryland · 1970
  3. State v. StevensSupreme Court of Connecticut · 1979
  4. Gordon v. McLearnSupreme Court of Arkansas · 1916
  5. Harris v. StateCourt of Special Appeals of Maryland · 1990

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