Scales v. State
Supreme Court of Arkansas
APPEAL from Washington Circuit Court. Hon. J. M. Pittman, Circuit Judge. 1. The indictment did not sufficiently declare the facts constituting the offense, or meet the requirements of the law. 2 Hale, i6g; 6 East., 2jg; Cotvp., 6J2; art. 2, sec. 10, const; 1 Ark. iji. It did not set out the facts, so that the defendant— if convicted — could plead in bar of another prosecution. 11 Ohio, 282; 1 Du Val, go, 160. 2. Sec. 1886, Mansf.
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APPEAL from Washington Circuit Court. Hon. J. M. Pittman, Circuit Judge. 1. The indictment did not sufficiently declare the facts constituting the offense, or meet the requirements of the law. 2 Hale, i6g; 6 East., 2jg; Cotvp., 6J2; art. 2, sec. 10, const; 1 Ark. iji. It did not set out the facts, so that the defendant— if convicted — could plead in bar of another prosecution. 11 Ohio, 282; 1 Du Val, go, 160. 2. Sec. 1886, Mansf. Dig., is not repealed by the act of March, 1885, and the persons embraced in the exception are still entitled to its benefits. Appellant by the evidence has brought…
1Opinion of the Court
Cockrill C. J.
This is an appeal from a conviction for “Sabbath breaking.” The sufficiency of the indictment was questioned by a motion in arrest of judgment. The particular act that constitutes the alleged offense is not set out. The indictment charges merely that the defendant “on the 3d day of Máy, 1885, the said day being Sunday, unlawfully was found laboring and performing other services, the same not then and there being of customary household duty, of daily necessity, comfort or charity.”
The language of the statute which creates the offense is employed in the indictment, and nothing…
2Cases cited11 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Ex parte NewmanCalifornia Supreme Court · 1858
- Ex parte AndrewsCalifornia Supreme Court · 1861
- Commonwealth v. HasMassachusetts Supreme Judicial Court · 1877
- State v. IngersollWisconsin Supreme Court · 1864
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- People v. C. Klinck Packing Co.New York Court of Appeals · 1915
- Spratt v. Helena Power Transmission Co.Montana Supreme Court · 1908
- State v. NicholsWashington Supreme Court · 1902
- Common School District No. 13 v. Oak Grove Special School DistrictSupreme Court of Arkansas · 1912
18 more not listed; retrieve them via the Exa API.