Buzzard v. State
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court. Hon. Len. B. Green, Circuit Judge. argued that the defendant could not be indicted for the offence charged, because in his examination before the grand jury, he had given evidence by which they were enabled to procure testimony against himself; and contended that upon sustaining the demurrer to the plea, the Court could not assess the fine. Guess vs. State, 1 Eng. 147; Rex vs. Johnson, 6 East 583.
1Opinion of the CourtChief Justice English
At the November term, 1857, of the Lafayette Circuit Court, Buzzard was indicted for betting at cards. He interposed two pleas in abatement, in substance, as follows:
1. “ That at the November term of this Honorable Court, A. D. 1857, and while the grand jury, by whom said indictment was found, at etc., was in session, he, the said defendant, was called before said grand jury, and sworn, and did then and there testify and give evidence before said grand jury by whom said bill of indictment was found, as to the identical game and betting of money thereon, for which this defendant now stands…
2Cases cited2 opinions
- McCuen v. StateSupreme Court of Arkansas · 1858
- State v. AllenSupreme Court of Alabama · 1840
3Cited by3 opinions
- Wilburn v. StateSupreme Court of Arkansas · 1860
- Harding v. StateSupreme Court of Arkansas · 1860
- Rhea v. StateSupreme Court of Arkansas · 1956