Johnson v. State
Supreme Court of Arkansas
Appeal from Pope Circuit Court; A. B. Priddy, Judge; 1. The court erred in overruling the plea in bar of former jeopardy. Appellant had once been in jeopardy for the same offense. 1 Bishop, Cr. Law (7 ed.), pp. 1052-4; 101 Ark. 159; 43 Id. 68-70; 65 Id. 38; 222 S. W. 1066. 2. The court erred in its instructions. 3. The court erred in overruling objections to the questions and answers of Mrs. McAfee. 1. There was no error in overruling the plea of former jeopardy.
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Appeal from Pope Circuit Court; A. B. Priddy, Judge; 1. The court erred in overruling the plea in bar of former jeopardy. Appellant had once been in jeopardy for the same offense. 1 Bishop, Cr. Law (7 ed.), pp. 1052-4; 101 Ark. 159; 43 Id. 68-70; 65 Id. 38; 222 S. W. 1066. 2. The court erred in its instructions. 3. The court erred in overruling objections to the questions and answers of Mrs. McAfee. 1. There was no error in overruling the plea of former jeopardy. It was not verified. 32 Ark. 722; 45 Id. 97; 54' Id. 227. It was not alleged that the former conviction was for the same offense.…
1Opinion of the CourtWood, J.
Appellant was convicted of the crime of selling liquor under an indictment which alleged a sale in Pope County on May 1, 1919. At his trial he interposed a plea of former conviction. In support of that plea he offered the indictment under which the former conviction was had. That indictment alleged a sale on May 15, 1919.
Appellant offered to introduce testimony to the effect that at the former trial á number of witnesses testified to different purchases of liquor they had made from him, that no specific date was mentioned by the witnesses, but there was a general inquiry covering all sales…
2Cases cited8 opinions
- Johnson v. StateSupreme Court of Arkansas · 1911
- State v. BlahutSupreme Court of Arkansas · 1886
- State v. NunnellySupreme Court of Arkansas · 1884
- Turner v. StateSupreme Court of Arkansas · 1917
- Bryant v. StateSupreme Court of Arkansas · 1904
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3Cited by1 opinion
- Alston v. BitelySupreme Court of Arkansas · 1972