Allen v. Davis
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Lake City District; R. H. Dudley, Judge; The prosecuting attorney was not present and prosecuting when the plea of guilty was entered and he was not entitled to the fee.
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Appeal from Craighead Circuit Court, Lake City District; R. H. Dudley, Judge; The prosecuting attorney was not present and prosecuting when the plea of guilty was entered and he was not entitled to the fee. Kirby’s Digest, § 6389, as amended by Acts 1905, p. 559. The amendment does not in any way amend or repeal section 6390, which provides that no prosecuting attorney or his deputy shall receive any fee unless he personally appears and prosecutes, etc., It was error to award the mandamus. 103 Ark. 601. 1. The prosecuting attorney did attend court on the day the cases were set for trial but…
1Opinion of the CourtHumphreys, J.
This controversy involved the question of whether a deputy prosecuting attorney is entitled to a fee in a gaming case based upon his information filed before a justice of the peace, in which he did not personally appear and prosecute. The facts are that D. C. Joslin, deputy prosecuting attorney in the Lake City District of Craighead County, filed. two affidavits against Luther Cato for gaming, before a justice of the peace of Lake City township. The cases were transferred on change of venue to E. Treadway, a justice of the peace in Luster township, and, on a second change of venue, to George…
2Cases cited6 opinions
- Cole v. White CountySupreme Court of Arkansas · 1877
- Peay v. Pulaski CountySupreme Court of Arkansas · 1912
- Logan County v. TrimmSupreme Court of Arkansas · 1893
- Fanning v. StateSupreme Court of Arkansas · 1886
- Hanna v. PitmanSupreme Court of Arkansas · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Prairie County v. RadicanSupreme Court of Arkansas · 1927