State v. Hicklin
Supreme Court of Arkansas
This was an indictment for murder, tried in the Johnson Circuit Court, in September, 1842, before the Hon. Richard C. S. Brown, one of the circuit judges. The indictment was found in 'Franklin county on the 13th of September, 1842. Not guilty pleaded, and venue changed to Johnson county on the application of the prisoner; where the case was tried, and a verdict of voluntary manslaughter returned. Sentence — imprisonment in the penitentiary two years.
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This was an indictment for murder, tried in the Johnson Circuit Court, in September, 1842, before the Hon. Richard C. S. Brown, one of the circuit judges. The indictment was found in 'Franklin county on the 13th of September, 1842. Not guilty pleaded, and venue changed to Johnson county on the application of the prisoner; where the case was tried, and a verdict of voluntary manslaughter returned. Sentence — imprisonment in the penitentiary two years. Motion for new trial overruled. Motion in arrest of judgment sustained, on the ground th at the transcript from Franklin county did not contain…
1Opinion of the Court
By the Court,
Lacy, J.
It is evident in this case that the court erred in arresting the judgment upon the ground that, in a change of venue, it is necessary that the petition of the prisoner, or a copy thereof, should be contained in the transcript forwarded to the court having cognizance of the cause. Such is neither the words nor the intention of the act. The order of removal or change of venue, is required to be made upon the petition of the prisoner, unless the judge should be satisfied upon his own knowledge, that he cannot have the benefit of a fair and impartial trial, and then he has a…
2Cited by1 opinion
- Green v. StateSupreme Court of Arkansas · 1857