Martin v. State
Supreme Court of Arkansas
ERROR to Benton Circuit Court. Hon. J. M. Pittman, Circuit Judge. First. The affidavit charges three separate offenses in one charge and is bad. Mansfield’s Digest, sec. 2108. Second. No affidavit for change of venue of some credits,ble person was filed; nor did the order of removal specify the cause; nor was it definite as to what justice the case was sent tó. Wasson, J. P., therefore had no jurisdiction, and the circuit court none on appeal.
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ERROR to Benton Circuit Court. Hon. J. M. Pittman, Circuit Judge. First. The affidavit charges three separate offenses in one charge and is bad. Mansfield’s Digest, sec. 2108. Second. No affidavit for change of venue of some credits,ble person was filed; nor did the order of removal specify the cause; nor was it definite as to what justice the case was sent tó. Wasson, J. P., therefore had no jurisdiction, and the circuit court none on appeal. Mansfield’s Digest, sec. H879; Wells on Jurisdiction, p. 122. Third and fourth. The charge in the warrant was assault with deadly weapon. No battery…
1Opinion of the CourtSmith, J.
The plaintiffs in error were charged by affidavit, before a justice of the peace, with an assault upon one Davidson, with a deadly weapon, and also with an assault and battery committed' upon him. The warrant of arrest specified the first named offense. They made an application for a change of venue, grounded upon the prejudice of the justice who issued the warrant, but not supported by the affidavit of any third person, as sec. 2379' Mansfield’s Digest requires. Their petition was, however, granted and the cause sent to a justice in another township.
Upon separate trials, Thomas Martin was…
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