State v. Cheek

Tliis was a prosecution, commenced by indictment, for murder, at the fall term, 1865, of the Johnson county circuit court.

At the April term, 1866, the defendant appeared and filed his motion to be dismissed from 'prosecution, as he' alleged, because he came within the provision of General Order No. 8, Headquarters Department of Arkansas., series of 1866, &c. The motion was not verified by affidavit. ' The attorney for the State moved the court to strike the defendant’s motion from the files, but the court refused to do so, and allowed the defendant to introduce witnesses to establish the…