Legal Opinion

Fox v. State

Supreme Court of Arkansas

Decided February 19, 1912PublishedCited by 13 opinions

Appeal from Washington Circuit Court; J. S. Maples, Judge; 1. Appellant not having been brought to trial before the end of the second term of the circuit court having jurisdiction of the offense, the cause having been continued without his consent and after he had announced ready for trial, the court should have discharged him upon his motion.

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Appeal from Washington Circuit Court; J. S. Maples, Judge; 1. Appellant not having been brought to trial before the end of the second term of the circuit court having jurisdiction of the offense, the cause having been continued without his consent and after he had announced ready for trial, the court should have discharged him upon his motion. The statute is in keeping with the constitutional provision that one accused of crime shall have a speedy, fair and impartial trial, and is mandatory. Kirby’s Digest, § 2313; 23 Ark. 270; 65 Ark. 406. 2. The court erred in overruling the demurrer to the…

1Opinion of the CourtHart, J.

On the 26th day of August, 1909, Mrs. Carrie Winkleman was killed and robbed in the city of Fayetteville, Washington County, Arkansas. She was accustomed to carry $8,000 or $10,000 in a bustle on her person, and was robbed and killed to secure her money. The evidencé tended to show that the crime was committed by Gus Sartin. The defendant was indicted for the crime of accessory before the fact to robbery. He was tried before a jury, found guilty, and his punishment assessed at three years in the State penitentiary.

The indictment (formal parts omitted) is as follows:

“The grand jury of…

2Cases cited6 opinions

  1. Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
  2. Blackshare v. StateSupreme Court of Arkansas · 1910
  3. Poe v. StateSupreme Court of Arkansas · 1910
  4. State v. ChapinSupreme Court of Arkansas · 1856
  5. Dillard v. StateSupreme Court of Arkansas · 1898

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Pines v. District CourtSupreme Court of Iowa · 1943
  2. Fisher v. CommonwealthSupreme Court of Virginia · 1977
  3. Ware v. StateSupreme Court of Arkansas · 1923
  4. Jenkins v. StateSupreme Court of Arkansas · 1917
  5. State v. BrownSupreme Court of Missouri · 1932

8 more not listed; retrieve them via the Exa API.

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