Howard v. State
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court. Auden N. Hughes, Judge. W. D, Howard, county clerk of Mississippi county, was convicted of unlawfully issuing a county warrant, and has prosecuted an appeal. The indictment was bad. 43 Tex. 525; 51 Ala. 25; 91 Ala. 16. It was improper to admit evidence of other offenses. 39 Ark. 279; 37 Ark. 262; 36 Am. St. 887; 15 Am.
Read the full summary
Appeal from Mississippi Circuit Court. Auden N. Hughes, Judge. W. D, Howard, county clerk of Mississippi county, was convicted of unlawfully issuing a county warrant, and has prosecuted an appeal. The indictment was bad. 43 Tex. 525; 51 Ala. 25; 91 Ala. 16. It was improper to admit evidence of other offenses. 39 Ark. 279; 37 Ark. 262; 36 Am. St. 887; 15 Am. Rep. 428; 55 N. Y. 81; 30 Ala. 542; 1 Wyo. 78; 142 U. S. 450; 33 Mo. 524. Section 1753 of Sand. & H. Dig. is unconstitutional. 45 Ark. 164; 139 U. S. 288. Its meaning is indefinite. 158 U. S. 282; 134 U. S. 628. The county court represents…
1Opinion of the CourtWood, J.
Appellant, who was the county clerk of Mississippi county, was indicted, convicted, and removed from office, under section 1753 of Sandels & Hill’s Digest, which is as follows : “If any clerk shall knowingly and willfully do any act contrary to the duties of his office, or shall knowingly and willfully fail to perform any act or duty required of him by law, he shall be deemed guilty of a misdemeanor in office, and upon conviction thereof shall be removed from office.”
The indictment, omitting merely formal parts, charged that appellant, “on the 2d day of December, 1903, being then and there…
2Cases cited1 opinion
- Allen v. StateSupreme Court of Arkansas · 1877
3Cited by25 opinions
- Caton v. StateSupreme Court of Arkansas · 1972
- Speer v. StateSupreme Court of Arkansas · 1917
- State v. DuLaneySupreme Court of Arkansas · 1908
- Moore v. StateSupreme Court of Arkansas · 1957
- Johnson v. StateSupreme Court of Arkansas · 1905
20 more not listed; retrieve them via the Exa API.