Ex parte Holdaway
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; Eugene Lankford Judge; affirmed. 1. The judgment failed to direct imprisonment. Kirby’s Digest, § 2443; 11 A. & E. Ann. Cases, 812; 36 Ark. 74; Acts 1909, p. 63; Castle’s Digest 89. 2. The plea of guilty was only entered conditionally and the judgment was thereupon conditionally suspended 12 Cyc. 779; 51 Kan. 700; 33 Pac. 620; 2 Mich.
Read the full summary
Appeal from Arkansas Circuit Court; Eugene Lankford Judge; affirmed. 1. The judgment failed to direct imprisonment. Kirby’s Digest, § 2443; 11 A. & E. Ann. Cases, 812; 36 Ark. 74; Acts 1909, p. 63; Castle’s Digest 89. 2. The plea of guilty was only entered conditionally and the judgment was thereupon conditionally suspended 12 Cyc. 779; 51 Kan. 700; 33 Pac. 620; 2 Mich. N. P. 239. • 1. The proper practice is by certiorari (45 Ark. 158; 48 Id. 283) and not by appeal. 2. The failure to direct imprisonment is an irregularity merely, and does not render the judgment void. 140 S. W. 22; 49 Ark.…
1Opinion of the CourtFrauenthal, J.
This is an appeal from a judgment of the Arkansas Circuit Court refusing to discharge appellant from custody upon a proceeding for habeas corpus instituted by him. The petition for the issuance of the writ of habeas corpus was presented by appellant to the judge of the Pulaski Chancery Court, who issued same, making it returnable before the Arkansas Circuit Court. Upon the hearing of the application for habeas corpus, the Arkansas Circuit Court denied the same, and from that judgment the petitioner has appealed to this court.
In his brief in this case, the Attorney General has suggested that…
2Cases cited5 opinions
- Ex parte JacksonSupreme Court of Arkansas · 1885
- Ex parte BylesSupreme Court of Arkansas · 1910
- Joiner v. StateSupreme Court of Arkansas · 1910
- Taylor v. MooreSupreme Court of Arkansas · 1911
- In re JonesSupreme Court of Arkansas · 1911
3Cited by2 opinions
- City of Clinton v. JonesSupreme Court of Arkansas · 1990
- Scruggs v. North Little RockSupreme Court of Arkansas · 1929