Ruble v. State
Supreme Court of Arkansas
APPEAL from Boone Circuit Court. R. H. Powell, Judge. The 'record fails to show that the jury was sworn as prescribed by law. The ten jurors who tried this case by consent were of the regular panel, who had been sworn, the presumption is, according to sec. 4006, of Mansfield’s Digest. The trial was for a misdemeanor, whose punishment was simply a fine.
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APPEAL from Boone Circuit Court. R. H. Powell, Judge. The 'record fails to show that the jury was sworn as prescribed by law. The ten jurors who tried this case by consent were of the regular panel, who had been sworn, the presumption is, according to sec. 4006, of Mansfield’s Digest. The trial was for a misdemeanor, whose punishment was simply a fine. No exception was taken by appellant to being tried by the jury under that oath; and in his motion for a new trial he did not make that a ground for the motion. Can he complain now? The cases in our reports that we have been able to find, where…
1Opinion of the CourtCockrill, C. J.
This is a conviction for an illegal sale of spirituous liquors. The only error assigned for reversal is that the record fails to show that the jury was specially sworn to try the case. It recites that the defendant, “for plea, saith that he is not guilty as charged, to which plea the state joins issue, and to try said isue, comes a jury of ten of the regular panel by consent of parties, and after hearing the evidence,’’ etc., return a verdict of guilty. This discloses that the jury was composed of the regular panel. The presumption is that the general oath for the term had been administered…
2Cases cited2 opinions
- State v. SchlagelSupreme Court of Iowa · 1865
- Hardenburgh v. CraryNew York Supreme Court · 1857
3Cited by3 opinions
- Atterberry v. StateSupreme Court of Arkansas · 1892
- Meadors v. StateSupreme Court of Arkansas · 1917
- State v. BarberCourt of Appeals of Kansas · 1896