Powell v. State
Supreme Court of Arkansas
Appeal from Miller Circuit Court. The defendant was not served with a true copy of the indictment, as required by law. 43 Ark. 391; 60 Ark. 504. The remarks of the prosecuting attorney were improper. 58 Ark. 473'; 62 Ark'. 126; 69 Ark. 184. The objection to the copy of the indictment furnished was not made in time. 43 Ark. 391; 46 Ark. 141; 39 La. Ann. 1060.
1Opinion of the CourtMcCulloch, J.
Appellant was indicted, tried and convicted of murder in the first degree, and appeals to this court.
The copy of indictment served upon him before arraignment omitted the word “deliberation,” contained in the original. Upon arraignment the defendant pleaded not guilty, and made no objection by reason of the defect in the copy, but after conviction he filed his motion in arrest of judgment on this ground.
A defendant in custody, accused of a capital offense, is entitled to have a copy of the indictment delivered to him by the clerk at least forty-eight hours before the arraignment. Kirby’s Dig.…
2Cases cited8 opinions
- Vaughan v. StateSupreme Court of Arkansas · 1894
- State v. GreenSupreme Court of Missouri · 1877
- Darden v. StateSupreme Court of Arkansas · 1904
- Rayburn v. StateSupreme Court of Arkansas · 1901
- McCoy v. StateSupreme Court of Arkansas · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bell v. StateSupreme Court of Arkansas · 1915
- Clark v. StateSupreme Court of Arkansas · 1925
- Davidson v. StateSupreme Court of Arkansas · 1913
- Clardy v. StateSupreme Court of Arkansas · 1910
- Sheppard v. StateSupreme Court of Arkansas · 1915
9 more not listed; retrieve them via the Exa API.