Legal Opinion

Drifoos v. City of Jonesboro

Supreme Court of Arkansas

Decided February 17, 1913PublishedCited by 7 opinions

Appeal from Craighead Circuit Court, Jonesboro District; W. J. Driver, Judge; 1. “Process” is a writ or summons issued in course of a judicial proceeding. Kirby’s Dig. § 7815. Under the testimony to the effect that the police officers had no warrant or other process for Amory, there is clearly no evidence to sustain the verdict.

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Appeal from Craighead Circuit Court, Jonesboro District; W. J. Driver, Judge; 1. “Process” is a writ or summons issued in course of a judicial proceeding. Kirby’s Dig. § 7815. Under the testimony to the effect that the police officers had no warrant or other process for Amory, there is clearly no evidence to sustain the verdict. Kirby’s Dig. § 1960. 2. Instruction 1 given by the court is clearly erroneous in that it refers to an ordinance which was never introduced in evidence. Kirby’s Dig. § 3066; Id. § 5471; 35 Ark. 75; 66 Ark. 35; 68 Ark. 483.

1Opinion of the CourtSmith, J.

Upon an appeal to the circuit court from the judgment of the police court of the city of Jonesboro, the appellant was convicted of the offense of obstructing the police in the arrest of George Amory for a violation of the ordinances of the city of Jonesboro. Upon the trial in the circuit court, the defendant was again convicted and was fined fifty dollars, and appeals from the judgment of the court imposing that fine. The evidence tended to show that a young man, named Amory, was drunk and came out of appellant’s restaurant in that condition, when two members of the city’s police force saw…

2Cases cited4 opinions

  1. Marianna v. VincentSupreme Court of Arkansas · 1900
  2. McCall v. HelenaSupreme Court of Arkansas · 1908
  3. Searcy v. TurnerSupreme Court of Arkansas · 1908
  4. Laur v. StateSupreme Court of Arkansas · 1910

3Cited by7 opinions

  1. State v. LeighSupreme Court of North Carolina · 1971
  2. Meyers v. StateSupreme Court of Arkansas · 1972
  3. Asher v. City of Little RockSupreme Court of Arkansas · 1970
  4. Hill v. StateSupreme Court of Arkansas · 1927
  5. City of Little Rock v. GriffinSupreme Court of Arkansas · 1948

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