Smith v. State
Supreme Court of Arkansas
Appeal from Pike Circuit Court; J. S. Steel, Judge; The errors committed by the court are patent. Appellant’s plea of former jeopardy should have been granted. 135 Ark. 166; 42 Id. 35; 43 Id. 271; 71 Id. 349. 2. The instructions failed to instruct the jury at all with reference to the character of verdict they should bring in, nor as to the nature of the crime.
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Appeal from Pike Circuit Court; J. S. Steel, Judge; The errors committed by the court are patent. Appellant’s plea of former jeopardy should have been granted. 135 Ark. 166; 42 Id. 35; 43 Id. 271; 71 Id. 349. 2. The instructions failed to instruct the jury at all with reference to the character of verdict they should bring in, nor as to the nature of the crime. The overdraft statute makes the offense a misdemeanor, and he was found guilty of a felony. 113 Ark. 454; 66 Id. 264. 2. The giving of a postdated check, whether a crime or not, is a debatable question, and we ask the court to pass on…
1Opinion of the CourtHumphreys, J.
Appellant was indicted, tried and convicted in the Pike Circuit Court for unlawfully and feloniously giving a check, in the sum of $103.40, on the Citizens’ National Bank of Arkadelphia, in Clark County, to J. H. Wallace in Pike County, not having at said time sufficient funds on deposit in said bank with which to pay said check. From the judgment of conviction, an appeal has been duly prosecuted to this court.
Appellant was indicted under sections l and 3 of act 258, Acts 1913, making it a misdemeanor for an individual, either resident or doing business in this State, to give a check in favor…
2Cases cited1 opinion
- Merchants & Planters Bank v. New First National BankSupreme Court of Arkansas · 1914
3Cited by5 opinions
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