Mitchell v. State
Supreme Court of Arkansas
Appeal from the Ouachita Circuit Court. Nelson Mitchell, with others, was indicted, in the Ouachita Circuit Court, for false imprisonment, and tried before Hon. Josiah Gould, then one of the Circuit Judges, in October, 1849. The indictment charged that Isaac Franklin, Nelson Mitchell, Henry Nelson, "William H. Moffitt, Andrew J. Floyd and James, M. Floyd, on the 20th day of October, A. D. 1848, with force and arms, at, &c., in and upon one Charles Cook, in the peace, &c.,…
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Appeal from the Ouachita Circuit Court. Nelson Mitchell, with others, was indicted, in the Ouachita Circuit Court, for false imprisonment, and tried before Hon. Josiah Gould, then one of the Circuit Judges, in October, 1849. The indictment charged that Isaac Franklin, Nelson Mitchell, Henry Nelson, "William H. Moffitt, Andrew J. Floyd and James, M. Floyd, on the 20th day of October, A. D. 1848, with force and arms, at, &c., in and upon one Charles Cook, in the peace, &c., did make an assault, and him, the said Charles Cook, did then and there, beat, wound and ill-treat, &c., and him, the said…
1Opinion of the Court
Mr. Ch. Justice Joiinsos
delivered the opinion of the Court.
If any responsibility has attached to the appellant for his participation in the offence charged jointly against himself and others, it must have arisen from a defect of authority to authorize the original arrest. This being the case, it is, by no means, material whether the warrant of commitment was legal and valid or not. The appellant was not present when the arrest was made, but he was sent for and came in as one of the aids or guards after Cook was taken before the justice, and during the investigation, and consequently before…
2Cases cited2 opinions
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