Wright v. State
Supreme Court of Arkansas
Appeal from Sebastian Circnit Court, Fort Smith District; Paul Little, Judge; 1. The demurrer should have been sustained. The indictment charges more than one offense. Kirby’s Digest, sections 2525, 2522, 2526, 2528, 5492; 22 Cyc. 376; 64 Ark. 231; 100 Id. 591; 83 Id. 244; 45 Id. 62. See also 21 Ark. 183; 34 Cyc. 1782. 2. The verdict is contrary to the law and the evidence. Defendant’s instruction No. 1 should have been given. Mere lawful picketing is not unlawful.
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Appeal from Sebastian Circnit Court, Fort Smith District; Paul Little, Judge; 1. The demurrer should have been sustained. The indictment charges more than one offense. Kirby’s Digest, sections 2525, 2522, 2526, 2528, 5492; 22 Cyc. 376; 64 Ark. 231; 100 Id. 591; 83 Id. 244; 45 Id. 62. See also 21 Ark. 183; 34 Cyc. 1782. 2. The verdict is contrary to the law and the evidence. Defendant’s instruction No. 1 should have been given. Mere lawful picketing is not unlawful. Martin Mod. Law of Labor Unions, § § 168-9; 105 Ark. 32. 3. The court should have given instruction No. 9. 105 Ark. 32. 4. It was…
1Opinion of the Court
HART, J.,
(after stating the facts). (1) The record shows that after the defendant was convicted and an order of removal from office had been made, an election was called and held to fill the vacancy caused by his removal. The defendant became a candidate for this office at the election and was defeated. A motion is made by the State to dismiss this appeal on that account. It is contended that he is assuming an inconsistent position by appealing. "We do not agree with counsel in this contention. There was a judgment against the defendant for the fine and costs imposed and he had a right to…
2Cases cited8 opinions
- Hollingsworth v. StateSupreme Court of Arkansas · 1890
- Johnson v. StateSupreme Court of Arkansas · 1915
- Decker v. StateSupreme Court of Arkansas · 1908
- Holland v. StateSupreme Court of Arkansas · 1914
- McCain v. StateSupreme Court of Arkansas · 1918
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Klimas v. StateSupreme Court of Arkansas · 1976
- Goodwin v. StateSupreme Court of Arkansas · 1978
- Simpson v. StateSupreme Court of Arkansas · 1981
- Wilson v. StateSupreme Court of Arkansas · 1986
- Pendergrass v. StateSupreme Court of Arkansas · 1923
8 more not listed; retrieve them via the Exa API.