Mann v. State
Supreme Court of Arkansas
ERROR to Garland Circuit Court, Hon, J. N. Cypert (on exchange), Circuit Judge. The prosecutor’s bond for costs is discretionary. If magistrate sees lit to try the cause without requiring it to be given, and accused does not object, he cannot raise the objection here. See. 1518, Gantt’s Digest, is plain and unambiguous. It was a misdemeanor, and Justices of the Peace have concurrent jurisdiction in all misdemeanors.
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ERROR to Garland Circuit Court, Hon, J. N. Cypert (on exchange), Circuit Judge. The prosecutor’s bond for costs is discretionary. If magistrate sees lit to try the cause without requiring it to be given, and accused does not object, he cannot raise the objection here. See. 1518, Gantt’s Digest, is plain and unambiguous. It was a misdemeanor, and Justices of the Peace have concurrent jurisdiction in all misdemeanors. There is no exception noted — no motion for a new trial— no bill of exceptions.
1Opinion of the CourtEnglish, C. J.
It appears from the transcript returned’ on the writ of error sued out by George W. Mann to the-Circuit Court of Garland count}' in this case, that on thefirstof February, 1879, Jacob Kempner made' complaiut on-oath-before a Justice of the Peace of said county, charging that-on that day said George W. Mann committed the offense of taking- possession of real estate, by violence, belonging to-said Kempner in said county. That thereupon a warrant of arrest was issued against Mann, and he was brought for trial-before the justice on the fifth of the same month, pleaded not guilty, waived a jury,…
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