Warren v. State
Supreme Court of Arkansas
Appeal from the Circuit Court of Ouachita county. The Hon. Abner A. Stitii, Circuit Judge. That Emerson could appear by attorney to the indictment preferred against him, it being for a simple misdemeanor punishable by fine only. Sec. 164 p. 412 Dig.; Sawyer vs. Joiner, 16 Verm. 497; Tracy, Ex-parte 25 Verm. 93,1 Ch. Cr.
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Appeal from the Circuit Court of Ouachita county. The Hon. Abner A. Stitii, Circuit Judge. That Emerson could appear by attorney to the indictment preferred against him, it being for a simple misdemeanor punishable by fine only. Sec. 164 p. 412 Dig.; Sawyer vs. Joiner, 16 Verm. 497; Tracy, Ex-parte 25 Verm. 93,1 Ch. Cr. Law,marg.,p. 430; Queen vs. Templeman, 1 Salk. 56. On a scire facias upon recognizance, two non ests are equivalent to service (sec. 62, p. 397 Dig.,) and the discontinuance as to Emerson, after the two non ests were returned, was a discontinuance as to Warren; Purefoy vs.…
1Opinion of the CourtJustice Haney
Emerson was indicted in the Ouachita Circuit Court for gaming. He was arrested on a warrant issued under the indictment, and gave bail, Warren, the appellant, being his security. At the term of the Court at which Emerson was to appear under his recognizance, he made default, which was noted on the record, and a scire facias was directed to be issued returnable to the term of the Ouachita Circuit Court next succeeding. At that Term, the sci. fa. was returned executed on the appellant, Warren, and non est as to Emerson. Warren appeared at this Term and interposed a plea or response to the sci.…
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