Legal Opinion

Roberts v. State

Supreme Court of Arkansas

Decided December 16, 1907PublishedCited by 13 opinions

Appeal from Sebastian' Circuit Court; Daniel Hon, Judge; STATEMENT BY THE COURT. The only question to be determined by this appeal is whether the court, in a criminal case, where a part of the penalty is or may be imprisonment, can instruct the jury to return a verdict of guilty. The evidence was undisputed, and, if true, showed that appellant had practiced medicine without license.

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Appeal from Sebastian' Circuit Court; Daniel Hon, Judge; STATEMENT BY THE COURT. The only question to be determined by this appeal is whether the court, in a criminal case, where a part of the penalty is or may be imprisonment, can instruct the jury to return a verdict of guilty. The evidence was undisputed, and, if true, showed that appellant had practiced medicine without license. Appellant was indicted for this offense under Kirby’s Digest, § 5241, which fixes the punishment at “a fine of not less than twenty-five dollars nor more than five hundred dollars, or by imprisonment in the county…

1Opinion of the Court

Wood, J.,

(after stating the facts.) This court in Jones v. State, 15 Ark. 262, held that a defendant, who has been tried by a jury and acquitted of an offense punishable by fine only, could, upon a reversal and remand of the cause by the Supreme Court, again be put upon trial for the same offense — without violating the constitutional provision “that no person shall for the same offense be twice put in jeopardy of life or limb.” Sec. 8, art. 2, Const. In Taylor v. State, 36 Ark. 84, this court held that where a defendant was tried by jury and acquitted of a misdemeanor punishable by fine…

2Cases cited7 opinions

  1. Catlett v. Railway Co.Supreme Court of Arkansas · 1893
  2. Skillern v. BakerSupreme Court of Arkansas · 1907
  3. People v. ElmerMichigan Supreme Court · 1896
  4. Taylor v. StateSupreme Court of Arkansas · 1880
  5. Stelle v. StateSupreme Court of Arkansas · 1906

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Huff v. StateSupreme Court of Arkansas · 1924
  2. Josey v. StateSupreme Court of Arkansas · 1908
  3. Moore v. StateSupreme Court of Arkansas · 1972
  4. Parker v. StateSupreme Court of Arkansas · 1917
  5. Collins v. StateSupreme Court of Arkansas · 1931

8 more not listed; retrieve them via the Exa API.

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