Legal Opinion

Lemon v. State

Supreme Court of Arkansas

Decided July 15, 1857PublishedCited by 2 opinions

Appeal from the Circuit Court of Conway County. Hon. John J. Clendenin, Circuit Judge. The indictment is defective in not showing in what the wounding, charged to have been committed by the prisoner, consisted. State vs. Ayedelot, 7 Blaclcf. Rep. 157. And malice against the owner of the animal should have been charged and proven. State vs. Wilcox, 3 Yerg.

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Appeal from the Circuit Court of Conway County. Hon. John J. Clendenin, Circuit Judge. The indictment is defective in not showing in what the wounding, charged to have been committed by the prisoner, consisted. State vs. Ayedelot, 7 Blaclcf. Rep. 157. And malice against the owner of the animal should have been charged and proven. State vs. Wilcox, 3 Yerg. Rep. 278. The prosecutor was an incompetent witness, on account cf his interest. 3 Pick. 356; 8 lb. 518. The statute, giving damages, applies to cases of malicious poisoning. Sec. 2, ch. 51, Dig. By the 3d section of the same act, it is…

1Opinion of the CourtJustice Hanly

At the June term, 1856, of the Pulaski Circuit Court, the appellant, Elizabeth Lemon, was indicted under the 3d section of the 4th Art. of the 51st chap, of the Digest. On her application, the venue was changed to Conway county, where, at the March term, 1857, she was tried by a jury, convicted, fined $300, and sentenced to imprisonment in the jail for six months. She appealed from this judgment.

The indictment, upon which the appellant was tried and convicted, is in these words:

“ That Elizabeth Lemon, the first day of April, in the year of our Lord one thousand, eight hundred and fifty-six,…

2Cases cited4 opinions

  1. State v. ClickSupreme Court of Alabama · 1841
  2. United States v. BachelderU.S. Circuit Court for the District of New Hampshire · 1814
  3. State v. LittleSupreme Court of Vermont · 1828
  4. Respublica v. TryerSupreme Court of Pennsylvania · 1802

3Cited by2 opinions

  1. Rowland v. StateSupreme Court of Arkansas · 1948
  2. State v. HookerSupreme Court of Arkansas · 1904

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