Legal Opinion

DeLoney v. State

Supreme Court of Arkansas

Decided November 30, 1908PublishedCited by 8 opinions

Appeal from Little River Circuit Court; James S. Steel, Judge; An indictment was returned against Jack DeLoney in Little-River Circuit Court, as follows (omitting caption) : “The Grand Jury of Little River County, in the name and by the authority of the State of Arkansas, accuse the defendant, Jack DeLoney, of the crime of running a gambling house, committed, as follows, viz, the said defendant in county and State aforesaid, on the 1st day of January, 1908, then and there…

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Appeal from Little River Circuit Court; James S. Steel, Judge; An indictment was returned against Jack DeLoney in Little-River Circuit Court, as follows (omitting caption) : “The Grand Jury of Little River County, in the name and by the authority of the State of Arkansas, accuse the defendant, Jack DeLoney, of the crime of running a gambling house, committed, as follows, viz, the said defendant in county and State aforesaid, on the 1st day of January, 1908, then and there owning, using and controlling a certain building or outhouse situated north of the south bank of Red River adjacent to…

1Opinion of the CourtHile, C. J.

Jack DeToney was indicted by the grand jury of Tittle River County “of the crime of running a gambling house.” The indictment will be found in the statement of facts.

1. The first question raised is the sufficiency of the indictment. It is said that it contains two offenses, being those created in sections 1732 and 1735 of Kirby’s Digest. The court does not agree with the contention, and is of the opinion that it is a sufficient indictment under section 1735. It charges the offense therein described with sufficient certainty to enable the court to pronounce judgment on a conviction according…

2Cases cited4 opinions

  1. Nebraska v. IowaSupreme Court of the United States · 1892
  2. United States v. TexasSupreme Court of the United States · 1892
  3. United States v. TexasSupreme Court of the United States · 1896
  4. Nix v. PfeiferSupreme Court of Arkansas · 1904

3Cited by8 opinions

  1. Lyman v. StateSupreme Court of Arkansas · 1909
  2. Adkisson v. StarrSupreme Court of Arkansas · 1953
  3. Dye v. Anderson Tully Co.Court of Appeals of Arkansas · 2011
  4. Albert Matthews, Geraldine Mattews, and A. L. Nuckols v. George McGee and Chicago Mill and Lumber CompanyCourt of Appeals for the Eighth Circuit · 1966
  5. McGee v. MatthewsDistrict Court, E.D. Arkansas · 1965

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