Skiles v. State
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; D. II. Golemcm, Judge; Act 657 of 1919 is not in effect, and the penal provisions thereof could not be violated for two reasons: first, the fence required to be built before the taking effect of the act has never been built; second, no election was ever held as provided by sec. 44 of the act. The burden was on the State to allege and prove that the fence had been built.
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Appeal from Randolph Circuit Court; D. II. Golemcm, Judge; Act 657 of 1919 is not in effect, and the penal provisions thereof could not be violated for two reasons: first, the fence required to be built before the taking effect of the act has never been built; second, no election was ever held as provided by sec. 44 of the act. The burden was on the State to allege and prove that the fence had been built. A proviso in the enacting clause of a statute must be negatived in the indictment, and snob, negative allegation sustained by proof. 77 Ark. 139. Must also be construed in connection with…
1Opinion of the CourtMcCulloch, C. J.
'The appellant was indicted and convicted of tbe offense of allowing stock to run at large in a stock-law district in Randolph County.
Tbe statute creating tbe district (Act No. 657 of tbe Session of 1919) is a special act creating tbe district in Randolph County, but providing that tbe district shall not be put into operation unless approved by a majority of tbe legal voters in tbe territory at a special election ordered by tbe county court upon petition of 125 voters in tbe district. The statute provides that, if a petition signed by 125 electors of tbe district be filed in tbe office of tbe…
2Cases cited1 opinion
- Hill v. GibsonSupreme Court of Arkansas · 1913
3Cited by5 opinions
- Crumbley v. GuthrieSupreme Court of Arkansas · 1944
- City of Little Rock v. GriffinSupreme Court of Arkansas · 1948
- Turnage v. GibsonSupreme Court of Arkansas · 1947
- Williams v. StateSupreme Court of Arkansas · 1959
- Shoop v. StateSupreme Court of Arkansas · 1946