Ex parte Brandon
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court. M. T. Sanders, Judge. 1. Appellant was entitled to a trial by jury, and the proceedings of the city court, after refusing him a jury, were coram non jndice and void, and habeas corpus was the proper proceeding. 33 Ark., 450; 27 id., 467; 45 id., 158; 63 Wis., 285.- 2. Appellant was entitled to a trial by jury. Cite Mansf. Dig., secs. 2357, 814, 7g7, 800; Acts 1885, p. g2, sec. 4; Const. 1874, sec. y, art. 2; Dill. Mini.
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APPEAL from Phillips Circuit Court. M. T. Sanders, Judge. 1. Appellant was entitled to a trial by jury, and the proceedings of the city court, after refusing him a jury, were coram non jndice and void, and habeas corpus was the proper proceeding. 33 Ark., 450; 27 id., 467; 45 id., 158; 63 Wis., 285.- 2. Appellant was entitled to a trial by jury. Cite Mansf. Dig., secs. 2357, 814, 7g7, 800; Acts 1885, p. g2, sec. 4; Const. 1874, sec. y, art. 2; Dill. Mini. Corp., sec. 361, and note; iy Wis., 26; 8 Ark., 436; 16 id., 384-410; 2 Oh. St., 296; 12 id., 124; 16 id., 420; y Cush., 24y; 41 Vt., 304.
1Opinion of the CourtSmith, J.
Brandon was charged in the mayor’s court of Helena with disorderly conduct; pleaded not guilty; demanded a jury trial, which was refused; and was then tried by the mayor, convicted and fined. Failing to pay the fine, he was taken into custody by the city marshal; whereupon he applied by petition to the Circuit Court for a writ of habeas corpus. But his prayer was denied, and he has appealed.
The question that is sought to be presented is, whether a person charged with the violation of a city ordinance is entitled to a trial by jury in the police court of a city of the second-class ? But an…
2Cases cited3 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Ex Parte ParksSupreme Court of the United States · 1876
- In re StateCourt of Appeals of Maryland · 1880
3Cited by13 opinions
- Cooley v. WilderAppellate Division of the Supreme Court of the State of New York · 1932
- Mitchell v. StateSupreme Court of Arkansas · 1961
- Sharum v. MeriwetherSupreme Court of Arkansas · 1923
- McLaughlin v. BarrCourt of Appeals of Kentucky · 1921
- Ex parte WilliamsSupreme Court of Arkansas · 1911
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