Morris v. State
Supreme Court of Arkansas
Appeal from Washington Circuit Court; J. S. Maples. Judge; 1. In view of the mental and physical condition of appellant as set up in the motion for a continuance and supported by the testimony of medical experts, the court abused its discretion in overruling the motion. 23 Ark. 34. 2. The statute under which the indictment is drawn is a criminal statute and must be strictly construed.
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Appeal from Washington Circuit Court; J. S. Maples. Judge; 1. In view of the mental and physical condition of appellant as set up in the motion for a continuance and supported by the testimony of medical experts, the court abused its discretion in overruling the motion. 23 Ark. 34. 2. The statute under which the indictment is drawn is a criminal statute and must be strictly construed. No case can be brought within its provisions unless it is within both the letter and spirit of the law. The demurrer to the indictment should have been sustained. 91 Ark. 1; Lewis, Sutherland, Stat. Con. 456-9;…
1Opinion of the CourtWood, J.
Appellant was convicted under section 1814 of Kirby’s Digest of the crime of accepting and receiving on deposit money at the Bank of Siloam, of which he was president, after the said bank had become insolvent, and he appeals to this court.
The indictment charges, in substance, that he “knowingly and feloniously did accept and receive on deposit in said Bank of Siloam, a corporation doing a banking business, from M. E. Gaither the sum of one hundred dollars in gold, silver and paper money, current money, the bank being then and there insolvent and the said R. S. Morris being the president of…
2Cases cited1 opinion
- Davey v. StateSupreme Court of Arkansas · 1911
3Cited by8 opinions
- Coblentz v. StateCourt of Appeals of Maryland · 1933
- Bailey v. StateSupreme Court of Arkansas · 1942
- Skarda v. StateSupreme Court of Arkansas · 1915
- Banks v. StateSupreme Court of Arkansas · 1932
- Collman v. StateSupreme Court of Arkansas · 1923
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