Freel v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Hon. John J. Clendenin, Circuit Judge. After an appeal is granted, or a writ of error with supersedias is awarded, the Circuit Court has no power to amend the record in any case; and as the record in this case before the amendment was not sufficient to support the conviction, and he amendment was unauthorized, the judgment should be reversed. 27 Miss. 370; 1 Texas 611. As the verdict in this case expressly acquits the defendant of the…
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Appeal from Pulaski Circuit Court. Hon. John J. Clendenin, Circuit Judge. After an appeal is granted, or a writ of error with supersedias is awarded, the Circuit Court has no power to amend the record in any case; and as the record in this case before the amendment was not sufficient to support the conviction, and he amendment was unauthorized, the judgment should be reversed. 27 Miss. 370; 1 Texas 611. As the verdict in this case expressly acquits the defendant of the offence with which she is charged in the indictment, it cannot find her guilty of any other; because, as to that there is no…
1Opinion of the CourtChief Justice English
Sally Fred, the plaintiff in error, was indicted in the Pulaski Circuit Court for aiding and abetting her husband, James M. Freel, in 'the murder of Jacob Ortncr. She was tried separate!}', convicted of murder in the second degree, sentenced to the penitentiary for seven years, moved for a new trial, which was refused, offered to file a motion in arrest of judgment, which the court rejected, as being out of time, and she excepted, set out the evidence, etc., and brought error.
Her counsel has urged numerous objections to the regularity of the proceedings in the court below, which have been…
2Cases cited2 opinions
- State v. ColemanSupreme Court of Alabama · 1837
- State v. BrooksSupreme Court of Alabama · 1846
3Cited by9 opinions
- State v. DisbrowSupreme Court of Iowa · 1906
- State v. Ma FooSupreme Court of Missouri · 1892
- Ray v. StateSupreme Court of Arkansas · 1912
- Davis v. StateSupreme Court of Arkansas · 1915
- State v. YohoWest Virginia Supreme Court · 1908
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