Thomas v. State
Supreme Court of Arkansas
ERROR to Baxter circuit court. Hon. R. H. Powell, Circuit Judge. 1. Every person is entitled to a trial by jury in a criminal case, Art. 2, sec. 10 Const., and judgment by default can not be rendered. In the circuit court the case stood for' trial de novo.
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ERROR to Baxter circuit court. Hon. R. H. Powell, Circuit Judge. 1. Every person is entitled to a trial by jury in a criminal case, Art. 2, sec. 10 Const., and judgment by default can not be rendered. In the circuit court the case stood for' trial de novo. Gantt’s Big., sec. 3,826. 2. The motion to dismiss was joint, and if sustained as to-one should have been as to both joint defendants. 3. No plea was entered in the justice’s court, and the circuit court- could not render judgment without a plea in a criminal case. 34 Ark., 375-, 28 Cal., 328; 3 Wis.,. 820 ; 65 111., 301 ; 3 Pin., 367. The…
1Opinion of the CourtEnglish, C. J.
In September, 1882, David Brundage- and David Thomas were charged with larceny before a justice of the peace of Baxter county.
On the day set for trial (ninth of October, 1882) the defendant moved that James Lingo, the prosecutor, be required to give bond for costs, and the justice so ordered. Whereupon Lingo filed an affidavit that he was unable to-give bond to prosecute the case, and that he had been injured in his personal property. Thereupon the justice ordered a jury and proceeded with the trial; defendants were found guilty, and the verdict and judgment were that each of them be fined…
2Cited by2 opinions
- Jaynes v. StateSupreme Court of Arkansas · 1947
- Jones v. StateSupreme Court of Arkansas · 1914