State v. Ward
Supreme Court of Arkansas
APPEAL from Cleveland Circuit Court. Hon. J. M. Bradley, Judge. No question is raised upon this appeal as to the sufficiency of the indictment; but the only question before the court is, “Did the circuit court err in overruling the state’s demurrer to the defendant’s plea of former jeopardy, and in dismissing the indictment, and in discharging the appellee from further prosecution?” There can be no rule of law better established than that, “until an indicted person has…
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APPEAL from Cleveland Circuit Court. Hon. J. M. Bradley, Judge. No question is raised upon this appeal as to the sufficiency of the indictment; but the only question before the court is, “Did the circuit court err in overruling the state’s demurrer to the defendant’s plea of former jeopardy, and in dismissing the indictment, and in discharging the appellee from further prosecution?” There can be no rule of law better established than that, “until an indicted person has pleaded, he is not in jeopardy, though a jury has been sworn to try him, or even though there has been an actual trial.” 1…
1Opinion of the CourtCockrill, C. J.
Ward was indicted for embezzlement. Hedemurred to the indictment. The demurrer was sustained to one count and overruled as to the others. A iurv a a was impaneled and sworn, and at the close of the day, the trial not being concluded, they were allowed by the court upon consent of the parties to separate. On the second morning of the trial one of the jurors was absent on account of the sickness of a member of his family, and the court then, for the first time, discovering that the defendant had not been arraigned, and had not entered a plea to the indictment, upon the motion of the prosecuting…
2Cases cited2 opinions
- State v. CassadySupreme Court of Kansas · 1874
- State v. HayesSupreme Court of Iowa · 1885
3Cited by17 opinions
- Fleener v. StateSupreme Court of Arkansas · 1893
- State Ex Rel. Cacciatore v. DrumbrightSupreme Court of Florida · 1934
- Burnes v. StateSupreme Court of Florida · 1925
- Johnson v. StateSupreme Court of Arkansas · 1939
- Mullins v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1935
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