Legal Opinion

Harris v. State

Supreme Court of Arkansas

Decided October 6, 1919PublishedCited by 7 opinions

Appeal from Johnson Circuit Court; A. B. Priddy, Judge; 1. The demurrer to the second count of indictment should have been sustained. Each count is a separate and distinct charge — a separate indictment. Clark, Crim.

Read the full summary

Appeal from Johnson Circuit Court; A. B. Priddy, Judge; 1. The demurrer to the second count of indictment should have been sustained. Each count is a separate and distinct charge — a separate indictment. Clark, Crim. Proc., 288; 3 Ark. 84. Under sections 1560-3, Kirby’s Digest, the indictment does not state facts sufficient to make defendant guilty of being an accessory before the fact. 43 Ark. 99, 149; 56 Id. 515. 2. The court erred in overruling motion in arrest of judgment. 16 C. J. 134, § 126; 100 Ark. 195; 29 Id. 68; 96 Id. 58; 108 Id. 447 ; 42 Id. 94; 16 C. J., p. 1107, § 2595; 170 U.…

1Opinion of the CourtMcCULLOCH, C. J.

An indictment against appellant with two counts was returned by the grand jury of Johnson County, which, omitting the caption, reads as follows:

“The said John Henry Harris, in the county and State aforesaid, on the 15th day of March, 1919, did wilfully, unlawfully, and feloniously sell and give away, and was wilfully, unlawfully and feloniously interested in the sale and giving away of ardent, vinous, malt, spirituous and fermented liquors and alcoholic spirits, and a certain compound and preparation commonly called tonics, bitters and medicated iiquors, to one J. W. Carter, against the peace…

2Cases cited11 opinions

  1. Speer v. StateSupreme Court of Arkansas · 1917
  2. Gill v. StateSupreme Court of Arkansas · 1894
  3. Bobo v. StateSupreme Court of Arkansas · 1912
  4. Corley v. StateSupreme Court of Arkansas · 1887
  5. Ince v. StateSupreme Court of Arkansas · 1906

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
  2. Ware v. StateSupreme Court of Arkansas · 1920
  3. Strum v. StateSupreme Court of Arkansas · 1925
  4. Nordin v. StateSupreme Court of Arkansas · 1920
  5. Malone v. StateSupreme Court of Arkansas · 1941

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API