State v. Welbon
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District. Frederick D. Fulkerson, Judge. If there was any doubt as to the sufficiency of the first indictment, re-indictment was the proper course. 32 Ark. 236. The second indictment superseded the first. Sand. & H. Dig. § 2099. The first indictment should have been quashed. 50 Ark. 541. The time during which it was pending is not to be computed as part of the time of limitation of prosecution for the offense.
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Appeal from Lawrence Circuit Court, Eastern District. Frederick D. Fulkerson, Judge. If there was any doubt as to the sufficiency of the first indictment, re-indictment was the proper course. 32 Ark. 236. The second indictment superseded the first. Sand. & H. Dig. § 2099. The first indictment should have been quashed. 50 Ark. 541. The time during which it was pending is not to be computed as part of the time of limitation of prosecution for the offense. Sand. & H. Dig. § 1957; 42 Ark. 109. The two indictments are not for the same offense, nor would they be sustained by the same evidence.…
1Opinion of the CourtHughes, J.
This appeal is taken from an order of the circuit court of Lawrence county overruling a motion of the state to substitute one indictment for another. The appellee was indicted first on the 10th day of March, 1898, by the grand jury of Lawrence county, charged with violating the law in regard to the comfort of railway passengers by unlawfully and wilfully failing and refusing to keeping open a separate waiting room for the African race, and the said crime was charged to have been committed on the 1st day of February, 1898. At the March term of said court, 1899, on the 10th day of March, the…
2Cases cited1 opinion
- State v. HallSupreme Court of Arkansas · 1887