Dodd v. State
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; statement by ti-ie court. Appellant, a school teacher, of Miller County, was convicted before a justice of the peace of the charge of assault and battery for whipping Everitt Hillar. He appealed to the circuit court of Miller County, was tried before a jury, who returned a verdict of guilty, assessing his punishment at a 'fine of one dollar.
Read the full summary
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; statement by ti-ie court. Appellant, a school teacher, of Miller County, was convicted before a justice of the peace of the charge of assault and battery for whipping Everitt Hillar. He appealed to the circuit court of Miller County, was tried before a jury, who returned a verdict of guilty, assessing his punishment at a 'fine of one dollar. The facts were substantially as follows: Everitt Hillar, the prosecuting witness, was an enrolled pupil of the school taught iby the defendant, R. B. Dodd; he did not attend the morning session on…
1Opinion of the Court
Wood, J.,
(after stating the facts). The evidence shows that the lad Hillar had been a pupil of the school until Friday preceding the Wednesday following when he received the castigation. There was no evidence that he had ceased in the meantime to be a pupil of the school. If he had in fact withdrawn, the teacher had no notice of that fact. The teacher was warranted therefore, upon the undisputed facts, in treating Hillar as a pupil, and the court should not have submitted that question to the jury. Hillar, being a pupil of the school at the time the teacher thereof commanded him to leave the…
2Cases cited2 opinions
- Stevens v. FassettSupreme Judicial Court of Maine · 1847
- Hathaway v. RiceSupreme Court of Vermont · 1846
3Cited by3 opinions
- Berry v. Arnold School DistrictSupreme Court of Arkansas · 1940
- Miller v. Tony and Susan Alamo FoundationDistrict Court, W.D. Arkansas · 1990
- Wise Ex Rel. Wise v. Pea Ridge School District No. 109District Court, W.D. Arkansas · 1987