State v. Malone
Supreme Court of Arkansas
APPEAL from Perry Circuit Court. Hon. J. B. Wood, Circuit Judge. The indictment charges the appellees with a trespass and defines the offense in the words of the statute. Sec. 1658, Mansfield’s Digest. A genera] demurrer was sustained to the indictment.
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APPEAL from Perry Circuit Court. Hon. J. B. Wood, Circuit Judge. The indictment charges the appellees with a trespass and defines the offense in the words of the statute. Sec. 1658, Mansfield’s Digest. A genera] demurrer was sustained to the indictment. The presumption is that the circuit court sustained the demurrer upon the assumption that section 1658, supray which was a part of-the revised statutes, was repealed by sections 1660-62, ib , which are parts of the act of March 17, 1883; but upon examination it will be observed that there is no conflict between these sections. Section' 1658…
1Opinion of the CourtSmith, J.
The defendants were indicted for removing wood and timber of the value of $5.00, which had been. cut down and was lying upon the lands of another. The indictment was quashed upon demurrer.
The offense is described in the words of section 1658, of Mansfield’s Digest, and the question is whether so much of that section, being a part of the revised statutes of 1838, as makes it a misdemeanor to carry away any kind of wood or timber that may be lying upon the ground of the owner, is impliedly repealed by the act of March 17, 1883 (Mansfield’s Digest, secs. 1659-63.)
There is no inconsistency…
2Cited by3 opinions
- Meadors v. StateSupreme Court of Arkansas · 1917
- Davis v. StateSupreme Court of Arkansas · 1919
- Davis v. StateSupreme Court of Arkansas · 1919