Brassfield v. State
Supreme Court of Arkansas
APPEAL from Baxter Circuit Court. B. B. Hudgins, Judge. 1. The list of grand jurors was not certified as required bylaw. Mansf. Dig., secs. 3982-3. It was a mere list of names. 34 Ark., 722. The attempt to cure this was futile, as no two of the commissioners could act in the absence of the third. Mansf.
Read the full summary
APPEAL from Baxter Circuit Court. B. B. Hudgins, Judge. 1. The list of grand jurors was not certified as required bylaw. Mansf. Dig., secs. 3982-3. It was a mere list of names. 34 Ark., 722. The attempt to cure this was futile, as no two of the commissioners could act in the absence of the third. Mansf. Dig., secs. 3980-1. But if they could, it was a substantive step, and could not be done in the absence of defendant. 2. The indictment does not charge that deceased died from the wounds, or within a year and a day; nor does it allege the place of his death. Whart., Cr. Law (9th ed.), sec. 538.…
1Opinion of the CourtCockrill, C. J.
The appellant was convicted of murder in the second degree.and sentenced to twenty-one years imprisonment. He seeks to reverse the judgment on the following grounds, viz.:
I. It is objected that the indictment does not charge that death was caused by the mortal wound which it alleges the appellant inflicted. The objection is not sustained by the record. The copy of the indictment returned in obedience to a certiorari sued out at the instance of the court distinctly avers that death resulted from the wounds inflicted by the appellant.
l. Effect of •failure to allege venue m indict-II, The…
2Cited by15 opinions
- State v. WarnerSupreme Judicial Court of Maine · 1967
- Petty v. StateSupreme Court of Arkansas · 1905
- Elliott v. MillsCourt of Criminal Appeals of Oklahoma · 1959
- Smith v. StateSupreme Court of Florida · 1916
- State v. DaileyIndiana Supreme Court · 1922
10 more not listed; retrieve them via the Exa API.