Beebe v. Judd
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; It was error to direct a verdict. Whether he was on a journey or not was a question for a jury.
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Appeal from White Circuit Court; J. M. Jackson, Judge; It was error to direct a verdict. Whether he was on a journey or not was a question for a jury. He was traveling his usual route and knew many people at each stopping place on his daily travel. 99 Ark. 236, 45 Id. 359; 55 Id. 181; 45 Id. 536. Appellee was upon a journey within the exceptions of the statute. 55 Ark. 181; 99 Id. 236; 45 Id. 359-536. There was nothing to submit to the jury and a verdict was properly directed.
1Opinion of the CourtHumphreys, J.
Appellee was tried and convicted in the mayor’s court of the town of Beebe for carrying a pistol as a weapon and was fined $50. An appeal was prosecuted from the judgment of conviction to the White Circuit Court. The cause was there tried by a jury upon the charge, appellee’s plea of not guilty and the evidence adduced. Upon the request of appellee, the court peremptorily instructed the jury to return a verdict of not guilty. The jury thereupon returned the following verdict:
“We, the jury, find the defendant not guilty.
“C. N. Finn, Foreman.”
From this verdict .and judgment, an appeal has been…
2Cases cited1 opinion
- Hathcote v. StateSupreme Court of Arkansas · 1891
3Cited by1 opinion
- Mills Novelty Co. v. MillsapsSupreme Court of Arkansas · 1927