Deshazo v. State
Supreme Court of Arkansas
Appeal from Boone Circuit Court. Brice B. Hudgins, Judge. In a former trial for an offense similar to tbe one charged in the indictment, evidence was offered tending to prove the commission of the offense charged in the case at bar. The state did not elect which charge it would rely on, and the jury did not specify for which offense they convicted the defendant.
Read the full summary
Appeal from Boone Circuit Court. Brice B. Hudgins, Judge. In a former trial for an offense similar to tbe one charged in the indictment, evidence was offered tending to prove the commission of the offense charged in the case at bar. The state did not elect which charge it would rely on, and the jury did not specify for which offense they convicted the defendant. Hence the plea of former conviction.is effectual in a trial under the aforesaid second indictment. 43 Ark. 68; 43 Ark. 372. Any evidence given and not excluded by the court is to be considered by the jury. 9 Ark. 389; 43 Ark. 68.…
1Opinion of the CourtBunn, C. J.
This is an indictment for selling liquor without license, to which the defendant pleaded not guilty and former conviction. Defendant shows in his testimony that at a previous term of the trial court he was tried and convicted on another indictment for a similar offense; that in the progress of the trial on that indictment evidence was adduced of two unlawful sales by him, and that the state made no election of which sale it would prosecute and ask a verdict at that trial, but that, on the contrary, without direction or request, they considered all the evidence in the case; and that it is…
2Cases cited1 opinion
- State v. NunnellySupreme Court of Arkansas · 1884
3Cited by7 opinions
- State v. HealySupreme Court of Minnesota · 1917
- In re BrownSupreme Court of Kansas · 1934
- Cloninger v. StateCourt of Criminal Appeals of Texas · 1925
- State v. WrightSupreme Court of Arkansas · 1910
- Johnson v. StateSupreme Court of Arkansas · 1921
2 more not listed; retrieve them via the Exa API.