Legal Opinion

Huddleston v. Craighead County

Supreme Court of Arkansas

Decided April 2, 1917PublishedCited by 13 opinions

Appeal from Craighead Circuit Court, Jonesboro District; J. F. Gautney, Judge; An unconditional plea of guilty is a conviction within the meaning of Kirby’s Digest, § 3488. The prosecuting attorney is entitled to his fee when a conviction is secured. The conviction is accomplished before the judgment assessing the penalty is entered and the fee is part of the costs.

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Appeal from Craighead Circuit Court, Jonesboro District; J. F. Gautney, Judge; An unconditional plea of guilty is a conviction within the meaning of Kirby’s Digest, § 3488. The prosecuting attorney is entitled to his fee when a conviction is secured. The conviction is accomplished before the judgment assessing the penalty is entered and the fee is part of the costs. The court may render judgment for costs and continue the case or suspend sentence, assessing the penalty later. Black’s Law Dictionary, 274; 9 Cyc. 865-6; 2 Words & Phrases, 1585; 109 Mass. 323; 12 Am. St. 699; 47 Ark. 444; 58 Id.…

1Opinion of the CourtSmith, J.

This appeal involves the right of a prosecuting attorney to the fee allowed by law for a felony conviction in a case in which the following order was entered: State of Arkansas, Plaintiff,

v. No...................

Jim Float, Alias Heavy, Defendant.

Plea of guilty selling liquor. Cause continued.

Now, on this day, this cause coming on to be heard, came the State of Arkansas by M. P. Huddleston, prosecuting attorney, and comes the defendant, per person, and by his attorney, J. H. Hawthorne, and the defendant, after being advised of the nature of the charge and its penalty, elects in open court to…

2Cases cited2 opinions

  1. Owen v. StateSupreme Court of Arkansas · 1908
  2. Barwick v. StateSupreme Court of Arkansas · 1913

3Cited by13 opinions

  1. Campbell v. StateSupreme Court of Arkansas · 1989
  2. May v. EdwardsSupreme Court of Arkansas · 1975
  3. State Medical Board v. RodgersSupreme Court of Arkansas · 1935
  4. Sutherland v. Arkansas Department of InsuranceSupreme Court of Arkansas · 1971
  5. Aikens v. StateSupreme Court of Arkansas · 2007

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