Legal Opinion

Beattie v. State

Supreme Court of Arkansas

Decided December 24, 1904PublishedCited by 3 opinions

Appeal from Sharp Circuit Court, Northern District. John W. Muuks, Judge. STATUMUNT BY THU COURT. George Beattie, a resident of Missouri, was arrested, tried and convicted on a charge that, being a resident of the State of Missouri, he did, in the county of Sharp and State of Arkansas, in May, 1904, herd, graze and permit to run at large about nineteen head of cattle. He was convicted, and fined $100 before a justice of the peace.

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Appeal from Sharp Circuit Court, Northern District. John W. Muuks, Judge. STATUMUNT BY THU COURT. George Beattie, a resident of Missouri, was arrested, tried and convicted on a charge that, being a resident of the State of Missouri, he did, in the county of Sharp and State of Arkansas, in May, 1904, herd, graze and permit to run at large about nineteen head of cattle. He was convicted, and fined $100 before a justice of the peace. He took an appeal to the circuit court, and- on the trial there the circuit judge made the following findings of law and fact: “In this case I find that the…

1Opinion of the Court

Riddick, J.,

(after stating the facts.) This is an appeal from a judgment convicting a nonresident defendant and assessing a fine of $100 against him for permitting his cattle to run at large in this State.

Now, it is clear that our statute on that subject does not forbid a nonresident, whose cattle have strayed or come of their own volition into this State, from driving them out again. It is equally_clear that it does not subject a resident of Missouri, who turns his cattle at large in that State, to a criminal prosecution and fine if the cattle afterwards come into this State; for the…

2Cited by3 opinions

  1. De Queen v. FentonSupreme Court of Arkansas · 1911
  2. In re FowlesSupreme Court of Kansas · 1913
  3. Beattie v. StateSupreme Court of Arkansas · 1905

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