Collins v. State
Supreme Court of Arkansas
Appeal from Franklin Circuit Court, Ozark District. Hugh F. Ti-iomason, Judge. 1. The court exceeded its authority in taking proof as to whether the magistrate was justified in binding appellant. The only question before the court was whether there existed any necessity to further bind him. Mansf. Dig. sec. 2405. 2. In a peace proceeding, where the defendant is discharged, there is authority of law to adjudge the costs against him. Mansf.
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Appeal from Franklin Circuit Court, Ozark District. Hugh F. Ti-iomason, Judge. 1. The court exceeded its authority in taking proof as to whether the magistrate was justified in binding appellant. The only question before the court was whether there existed any necessity to further bind him. Mansf. Dig. sec. 2405. 2. In a peace proceeding, where the defendant is discharged, there is authority of law to adjudge the costs against him. Mansf. Dig. secs. 2395, 2399, 2401, 2405, and chap. 21. No provision is made for the payment of the costs in such proceeding. The only question raised by this…
1Opinion of the CourtMansfield, J.
Surety to keep the peace was re- . quired of the appellant, Collins, by the order of a magistrate, and he entered into bond with security as provided by section 2401, Mansf. Digest. That section provides that where such surety is ‘ ‘ required by a magistrate, it shall be for keeping the peace, or for good behavior, until the defendant shall appear before the circuit court of the county, on the first day of its next term, before which court the defendant shall also be bound, with security, to appear, and not depart without leave of the court.” Section 2402 makes it the duty of the magistrate…
2Cases cited3 opinions
- Johnson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1882
- State v. WhitlockSupreme Court of Arkansas · 1883
- Patton v. StateSupreme Court of Arkansas · 1883
3Cited by1 opinion
- Jones v. AdkinsSupreme Court of Arkansas · 1926