Legal Opinion

Hill v. State

Supreme Court of Arkansas

Decided October 23, 1911PublishedCited by 7 opinions

Appeal from Columbia Circuit Court; G. W. Hays, Judge; . The special term of court was not called nor ordered according to law.

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Appeal from Columbia Circuit Court; G. W. Hays, Judge; . The special term of court was not called nor ordered according to law. Kirby’s Digest, § § 1532 to 1537; Dunn v. State, 2 Ark. 229. The proceedings were coram non judice and void. 29 Ark. 170; 45 Id. 450; 62 Id. 543-551. The meeting of the court must be at a time authorized by law. 48 Ark. 229; 22 Id. 369; 60 Id. 158. Consent does not confer jurisdiction. 48 Ark. 151. The indictment should be quashed. 32 Ark. 117; 20 Id. 77; Kirby’s Dig. § 2279. The special term was legal, and the proceedings were not coram non judice. Kirby’s Dig. §§…

1Opinion of the CourtHart, J.

On the 4th day of May, 1911, the judge of the circuit court of Columbia County made a written order for a special term of the circuit court of Columbia County to be held at Magnolia at the courthouse on the 9th day of May, 1911, for the trial of Bob Hill, who was then confined in the county jail of said county. The order was filed with the circuit clerk of said county on May 5,1911, and by him entered of record. The circuit judge caused a written notice of the order to be directed to the prosecuting attorney, and the prosecuting attorney accepted the notice, and waived the ten days’ time…

2Cases cited4 opinions

  1. Dunn v. StateSupreme Court of Arkansas · 1840
  2. Collier v. StateSupreme Court of Arkansas · 1859
  3. Dixon v. StateSupreme Court of Arkansas · 1874
  4. Crain v. StateSupreme Court of Arkansas · 1885

3Cited by7 opinions

  1. Bell v. StateSupreme Court of Arkansas · 1915
  2. Clark v. StateSupreme Court of Arkansas · 1925
  3. Harris v. StateSupreme Court of Arkansas · 1925
  4. Reece v. StateSupreme Court of Arkansas · 1915
  5. Cain v. StateSupreme Court of Arkansas · 1931

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