Armstrong v. State
Supreme Court of Arkansas
APPEAL from Nezvton Circuit Court. R. H. Powell, Judge. 1. The justice of the peace had no jurisdiction. Art. 7, sec. 40, Const.; Mansf. Dig., sec. 1654; 44 Wise., 288; 22 Kans., 15 ; 32 Ark., 202; 1 Herm. on Est. and Res.
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APPEAL from Nezvton Circuit Court. R. H. Powell, Judge. 1. The justice of the peace had no jurisdiction. Art. 7, sec. 40, Const.; Mansf. Dig., sec. 1654; 44 Wise., 288; 22 Kans., 15 ; 32 Ark., 202; 1 Herm. on Est. and Res. Adj., pp. 107, 167. This case not only involves a matter of damages to personal property, but the object and effect of the statute is to redress and afford satisfaction for the private wrong as well as the punishment of the public offense. 2. Appellant was entitled to a new trial on the ground of newly discovered evidence. 2 Ark., 42; Rose Digest, p. $63; 10 Ark., 556. 3.…
1Opinion of the CourtMansfield, J.
Armstrong was charged before a justice of the peace with malicious mischief. The offense as alleged was committed by the killing of two horses belonging to one Holland. The jury found him guilty and fixed his fine at the sum of one hundred dollars. They assessed the value of the horses at two hundred dollars, and the justice thereupon rendered judgment in favor of the State for the fine, and in favor of Holland for three-fold the assessed value of his horses. The defendant appealed to the circuit court, where the case was tried anew with the same result reached in the justice’s court, except…
2Cases cited3 opinions
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- Batchelder v. Queen InsuranceMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1871
3Cited by9 opinions
- Ward v. StateSupreme Court of Arkansas · 1908
- Osborne v. StateSupreme Court of Arkansas · 1910
- Pendergrass v. StateSupreme Court of Arkansas · 1923
- French v. StateSupreme Court of Arkansas · 1943
- Banks v. StateSupreme Court of Arkansas · 1918
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