State v. Hardister
Supreme Court of Arkansas
ERROR to Sharp Circuit Court. Hon. L. L. Mack, Circuit Judge. STATEMENT. A demurrer ivas sustained by the Sharp Circuit Court, to-the following indictment, and the State brought error: “ The grand jury of Sharp county, in the name- and by the authority of the State of Arkansas,, accuses Nathan G. Hardister and Henry W. Brown,, of the crime of manslaughter, committed as follows,, to-vrit: The said Nathan G. Hardister, on the twenty-seventh day of October, 1880, in the county…
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ERROR to Sharp Circuit Court. Hon. L. L. Mack, Circuit Judge. STATEMENT. A demurrer ivas sustained by the Sharp Circuit Court, to-the following indictment, and the State brought error: “ The grand jury of Sharp county, in the name- and by the authority of the State of Arkansas,, accuses Nathan G. Hardister and Henry W. Brown,, of the crime of manslaughter, committed as follows,, to-vrit: The said Nathan G. Hardister, on the twenty-seventh day of October, 1880, in the county and' State aforesaid, then and there being a physician, surgeon,. and obstetrician, holding himself out to the public…
1Opinion of the CourtEnglish, C. J.
Appellees were indicted in the Circuit Court of Sharp county, for manslaughter; a demurrer was sustained to the indictment; they were again indicted for the same offense : a demurrer was sustained to the second indictment, and the State appealed.
It may be seen from the reporter’s copy of the indictment, that appellees were accused of causing the death of a woman, by mal-practice as physicians.
The demurrer to the indictment was general, the only cause assigned being that it did not state facts sufficient to constitute a public offense.
It is manifest, from words used in the indictment, that it…
2Cases cited2 opinions
- March v. DavisonNew York Court of Chancery · 1842
- Commonwealth v. ThompsonMassachusetts Supreme Judicial Court · 1809
3Cited by12 opinions
- Commonwealth v. PierceMassachusetts Supreme Judicial Court · 1884
- State v. McMahanIdaho Supreme Court · 1937
- State v. LesterSupreme Court of Minnesota · 1914
- Barrow v. StateCourt of Criminal Appeals of Oklahoma · 1920
- McGough v. StateSupreme Court of Arkansas · 1915
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