State v. Brown
Supreme Court of Arkansas
Appeal from Fulton Circuit Court; J. B. Baker, Judge; 1. No request was made in the justice’s court for a cost bond. By going to trial without demanding a cost bond appellee waived his right. Kirby’s Digest, § 2476; 111 Ark. 51: 124 Id. 20: 37 Id. 405. 2. Appellee has never been in jeopardy, as the jury had not been sworn. 48 Ark. 36.
1Opinion of the CourtHart, J.
On July 7,1917, Fred Brown filed an affidavit before a justice of the peace in Fulton County, Arkansas, charging R. W. Brown with the crime of petit larceny. The defendant was convicted before the justice of the peace and appealed to the circuit court. There a motion by the defendant to quash the judgment of the justice of the peace was sustained and the State appealed to this court. The court held that the circuit court erred in quashing the judgment because’ under the statute it should have tried the case anew as if no judgment had been rendered in the justice court. Therefore the judgment…
2Cases cited5 opinions
- Whitmore v. StateSupreme Court of Arkansas · 1884
- State v. WardSupreme Court of Arkansas · 1886
- Payne v. State ex rel. City of BoonevilleSupreme Court of Arkansas · 1916
- Jones v. StateSupreme Court of Arkansas · 1914
- State v. BrownSupreme Court of Arkansas · 1917
3Cited by1 opinion
- Franklin v. StateSupreme Court of Arkansas · 1921