Holland v. State

John A. Fogleman,

dissenting. Were we construing Ark. Stat. Ann. § 43-1709 (Repl. 1964) for the first time, I would have no quarrel with the result reached by the majority. This section was a part of the Revised Statutes adopted in March 1838. It has survived four changes of constitutions, a complete codification of the code of criminal procedure, one extensive reform of criminal procedure by initiated act and legislative sessions too numerous to count without a word change. While the construction of the words involved in this case was originally made in a case involving the companion statute…