Cox v. State
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court. Chas. W. Smith, Judge. No venue is proved. 23 Ark. 156. Tbe burden of proving venue is on tbe state. 42 Ark. 73-77. So much of § 1938, Sand. & H; Dig., that authorizes an indictment to be found and a trial had in either county where the boundary line is uncertain is unconstitutional. Decl.
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Appeal from Lafayette Circuit Court. Chas. W. Smith, Judge. No venue is proved. 23 Ark. 156. Tbe burden of proving venue is on tbe state. 42 Ark. 73-77. So much of § 1938, Sand. & H; Dig., that authorizes an indictment to be found and a trial had in either county where the boundary line is uncertain is unconstitutional. Decl. Rights, § 10, Const. 1874. Legislature cannot invest a court with jurisdiction of crimes committed beyond the limits of the county. 30 Ark. 41; 32 Ark. 565. The first instruction given was based on a false assumption. 57 Ark. 1; 36 Ark. 242; 34 Ark. 224. There was no…
1Opinion of the CourtHughes, J.
This is an appeal from a judgment of conviction upon an indictment for selling whiskey unlawfully. The indictment charges that the appellant sold the whiskey in Lafayette county, Arkansas. The proof is that the whiskey was sold on the steamer Waukeshaw, upon Red river. The center of the main channel of Red river is the boundary line between Lafayette and Miller counties. This line is fixed by act of the legislature, which was in proof in the case. Act December 22, 1874, § 1, creating Miller county. Besides, the court takes judicial notice of county lines as described in public acts. Bittle v.…
2Cases cited3 opinions
- Bittle v. StuartSupreme Court of Arkansas · 1879
- Scott v. StateSupreme Court of Arkansas · 1883
- State v. RhodaSupreme Court of Arkansas · 1861
3Cited by4 opinions
- Pruitt v. Sebastian County Coal & Mining Co.Supreme Court of Arkansas · 1949
- Crow v. RoaneSupreme Court of Arkansas · 1908
- Evans v. StateSupreme Court of Arkansas · 1928
- McCall v. North Pine Bluff Realty Co.Supreme Court of Arkansas · 1916