State v. Wright
Supreme Court of Arkansas
Appeal from Washington Circuit Court; Daniel Hon, Judge on exchange of circuits; STATEMENT by The court. On the 5th day of November, 1909, the grand jury of Washington County returned an indictment against each of the appellees, charging him with the offense of gaming on the 17th day of October, 1909, and by consent the cases were consolidated and tried together before the circuit court sitting without a jury.
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Appeal from Washington Circuit Court; Daniel Hon, Judge on exchange of circuits; STATEMENT by The court. On the 5th day of November, 1909, the grand jury of Washington County returned an indictment against each of the appellees, charging him with the offense of gaming on the 17th day of October, 1909, and by consent the cases were consolidated and tried together before the circuit court sitting without a jury. Appellees entered a plea of former conviction, which was sustained by the court, and the State has appealed. The cases were tried in the circuit court at its May term, 1910. Two of the…
1Opinion of the Court
Hart, J.,
(after stating the facts). To sustain the finding of the court below in their favor on their plea of former conviction, appellees rely upon the cases of Bryant v. State, 72 Ark. 419, and Deshazo v. State, 65 Ark. 38. But we do not think the rule announced in those cases is applicable to the state of facts presented in this record. There no plea of guilty had been entered, and the State to secure a conviction elected to introduce evidence generally as to all illegal sales of liquor made by the defendants within one year of the finding of the indictment. There was nothing to show what…
2Cases cited5 opinions
- State v. BlahutSupreme Court of Arkansas · 1886
- Greene v. StateSupreme Court of Arkansas · 1908
- Thurman v. StateSupreme Court of Arkansas · 1891
- Bryant v. StateSupreme Court of Arkansas · 1904
- Deshazo v. StateSupreme Court of Arkansas · 1898
3Cited by5 opinions
- State ex rel. Gehrmann v. OsborneNew Jersey Court of Chancery · 1911
- Stokes v. StateSupreme Court of Arkansas · 1916
- Scarber v. StateSupreme Court of Arkansas · 1956
- Cox v. StateSupreme Court of Arkansas · 1914
- City of Fayetteville v. BellSupreme Court of Arkansas · 1943