State v. Masner
Supreme Court of Arkansas
Appeal from Sharp Circuit Gourt, Southern District; D. II. Coleman, Judge on Exchange; Appellee’s motion in arrest did not conform to § 3224, C. & M. Digest, in that it failed to allege that the facts stated in. the indictment did not constitute a public offense within the jurisdiction of the court. The sufficiency of the indictment should have been challenged by demurrer before the trial, and the motion in arrest of judgment after trial comes too late. Stand.
Read the full summary
Appeal from Sharp Circuit Gourt, Southern District; D. II. Coleman, Judge on Exchange; Appellee’s motion in arrest did not conform to § 3224, C. & M. Digest, in that it failed to allege that the facts stated in. the indictment did not constitute a public offense within the jurisdiction of the court. The sufficiency of the indictment should have been challenged by demurrer before the trial, and the motion in arrest of judgment after trial comes too late. Stand. Enc. of Proc. vol. 2, p. 1015. An averment necessary for the support of the pleadings, though imperfectly stated, which might have…
1Opinion of the CourtHart, J.
T. O. Masner was convicted of the crime of carrying metal knucks as a weapon, and his punishment was fixed by the jury at a fine of $50. Judgment was rendered accordingly. The defendant then filed a motion in arrest of judgment, which, was sustained by the court, and the judgment arrested. The State of Arkansas has duly prosecuted an appeal to this court.
The body of the indictment is as follows:
“The grand jury of the Southern District of the Sharp Circuit Court, in the name and by the authority of the State of Arkansas, accuse T. O. Masner of the crime of wearing weapons, committed as…
2Cases cited2 opinions
- Rosen v. United StatesSupreme Court of the United States · 1896
- Farrell v. StateSupreme Court of Arkansas · 1914
3Cited by1 opinion
- Parker v. StateSupreme Court of Arkansas · 1979