Legal Opinion

State v. Embrey

Supreme Court of Arkansas

Decided July 8, 1918PublishedCited by 5 opinions

Appeal from Polk Circuit Court; W. C. Rodgers, Special Judge; The indictment alleges facts sufficient to .constitute a public offense. Kirby’s Digest, § § 1960-1. It was not necessary to allege that the sheriff had a warrant. Kirby’s Digest, § 2119; 96 Ark. 477; 107 Id. 99. The indictment does not state facts sufficient to constitute a public offense. The particular circumstances of the offense charged are not set forth.

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Appeal from Polk Circuit Court; W. C. Rodgers, Special Judge; The indictment alleges facts sufficient to .constitute a public offense. Kirby’s Digest, § § 1960-1. It was not necessary to allege that the sheriff had a warrant. Kirby’s Digest, § 2119; 96 Ark. 477; 107 Id. 99. The indictment does not state facts sufficient to constitute a public offense. The particular circumstances of the offense charged are not set forth. Kirby’s Digest, § 1960, 2119-20, 2227; 47 Ark. 552; 43 Id. 693; 80 Id. 310; 93 Id. 81; 111 Id. 186; Kirby’s Digest, § 2227, etc.

1Opinion of the CourtHumphreys, J.

Appellee was indicted in the Polk circuit court on the 11th day of December, 1917, under section 1960 of Kirby’s Digest for obstructing process.

A demurrer was filed to the indictment on the following grounds:(1) That the indictment does not state facts sufficient to constitute a public offense.(2) That the particular circumstances of the offense charged, necessary to constitute a complete offense, are not set forth in the indictment.

The demurrer was sustained by the trial court, from which ruling an appeal has been prosecuted to this court.

Omitting caption and signature, the indictment is as…

2Cases cited3 opinions

  1. Houpt v. StateSupreme Court of Arkansas · 1911
  2. Drifoos v. City of JonesboroSupreme Court of Arkansas · 1913
  3. Putman v. StateSupreme Court of Arkansas · 1887

3Cited by5 opinions

  1. Standard Oil Co. v. BrodieSupreme Court of Arkansas · 1922
  2. Locke v. CookSupreme Court of Arkansas · 1968
  3. Williams v. StateSupreme Court of Arkansas · 1973
  4. Calhoun v. StateSupreme Court of Arkansas · 1929
  5. Hill v. RalphSupreme Court of Arkansas · 1924

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