Legal Opinion

State v. Scott

Supreme Court of Arkansas

Decided July 13, 1914PublishedCited by 3 opinions

Appeal from White Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COURT. Appellee was twice indicted for the offense, commonly designated “night riding. ’ ’ The first indictment is as follows, omitting the caption: “The grand jury of White County, in the name and by the authority of the State of Arkansas, accuse Will Scott, Vine Williams, of the crime of night riding, 'Committed as follows towit: The said Will Scott, Vine Williams, in the county and State aforesaid, on…

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Appeal from White Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COURT. Appellee was twice indicted for the offense, commonly designated “night riding. ’ ’ The first indictment is as follows, omitting the caption: “The grand jury of White County, in the name and by the authority of the State of Arkansas, accuse Will Scott, Vine Williams, of the crime of night riding, 'Committed as follows towit: The said Will Scott, Vine Williams, in the county and State aforesaid, on the 17th day of June, A. D. 1913, unlawfully and feloniously then and there, in the night time of said day, banded…

1Opinion of the Court

Smith, J.,

(after stating the facts). These indictments were returned under Act No. 112 of the Acts of 1909, page 315.

When this act is analyzed it is found that section 1 of it provides as.follows:

• “If two or more persons shall unite, confederate or band themselves together for the purpose—(a) ' Of doing an unlawful act' in the night timé;(b) Or for the purpose of doing any unlawful act while wearing any mask, white caps or robes, or being otherwise disguised;(c) Or for the purpose of going forth armed or disguised for the purpose of intimidating or alarming any person, or to do any felonious…

2Cited by3 opinions

  1. Brooks and Gregory v. StateSupreme Court of Arkansas · 1925
  2. Harrell v. StateSupreme Court of Arkansas · 1928
  3. Kosier v. StateSupreme Court of Arkansas · 1924

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