Threadgill v. State
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; George W. Hays, Judge; STATUMUNT BY THU COURT. The defendants were jointly indicted at the February term, 1911, of the Columbia Circuit Court for stealing 'hogs. They were duly charged in the indictment with the offense except the date upon which the offense was committed was left Wank, it being alleged “the said defendants on the-day of-, 190 — , in Columbia County, Arkansas, did unlawfully,” etc.
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Appeal from Columbia Circuit Court; George W. Hays, Judge; STATUMUNT BY THU COURT. The defendants were jointly indicted at the February term, 1911, of the Columbia Circuit Court for stealing 'hogs. They were duly charged in the indictment with the offense except the date upon which the offense was committed was left Wank, it being alleged “the said defendants on the-day of-, 190 — , in Columbia County, Arkansas, did unlawfully,” etc. A demurrer was interposed to the indictment and overruled by the -court. The trial occurred in March, 1911, and the testimony tended to show that the defendants…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended that the indictment was fatally defective in not alleging the date upon which the offense was committed, and also that the verdict is not sustained by the evidence. Necessarily, the offense was committed before the indictment was found, else it could not have been charged to have been committed, as was clearly done in the indictment; and, unless it was shown to have been committed within three years before the finding of the indictment, as the court told the jury, the prosecution would have been barred by limitation. This court has passed…
2Cited by8 opinions
- Oakes v. StateSupreme Court of Arkansas · 1918
- Bonds v. StateSupreme Court of Arkansas · 1988
- State v. WilliamsOregon Supreme Court · 1921
- Cook v. StateSupreme Court of Arkansas · 1922
- State v. IrishSupreme Court of Minnesota · 1931
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