Jones v. State
Supreme Court of Arkansas
Appeal from Conway Circuit Court; Hugh Basham, Judge; STATEMENT by the court. Appellant was convicted of petit larceny before a justice of the peace.
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Appeal from Conway Circuit Court; Hugh Basham, Judge; STATEMENT by the court. Appellant was convicted of petit larceny before a justice of the peace. He appealed to tbe circuit court, where he filed a motion to require the prosecutor to make bond for costs, under section 2476, of Kirby’s Digest, which provides that, “In all prosecutions in cases less than felony in courts of justices of the peace and in other inferior courts, the prosecutor, or some person for him, shall enter into bond,” etc. Appellant did not move to require the bond in the justice court where the charge against him…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. Under our statute and the decisions of this court, upon appeal from a justice court to the circuit court, the trial in the cir'cuit court is de novo. Kirby’s Dig., § 2580; Touhy v. Rector, 26 Ark. 315; Hall v. Doyle, 35 Ark. 445; Thomas v. State, 41 Ark. 408; Lour v. State, 94 Ark. 178; Batesville v. Ball, 100 Ark. 499. But the law does not require the prosecutor to enter into bond in the circuit court, and the issue can not be raised in the circuit court for the first time. The law only requires the bond to be made “in courts of justices of the peace…
2Cases cited4 opinions
- Hall v. DoyleSupreme Court of Arkansas · 1880
- Laur v. StateSupreme Court of Arkansas · 1910
- Thomas v. StateSupreme Court of Arkansas · 1883
- Touhy v. RectorSupreme Court of Arkansas · 1870
3Cited by3 opinions
- In Re SmithIllinois Supreme Court · 1936
- Payne v. State ex rel. City of BoonevilleSupreme Court of Arkansas · 1916
- State v. BrownSupreme Court of Arkansas · 1918