Evans v. State
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court. Alexander M. DuEEie, Judge. (Oil exchange of circuits with Judge Chas. W. Smith.) 1. The demurrer should have been sustained to the indictment because: (a.) Defendant and Neyman are accused of murder, but only one of them is charged with the acts constituting the offense, and which one is not shown. 37 Ark. 408; id. 412, 421; 38 id. 519; 1 Wharton, sec. 285; Mansfield’s Digest, sec. 2105 ; 33 Ark. 561. (7.) The defendant and Neyman are…
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Appeal from Ouachita Circuit Court. Alexander M. DuEEie, Judge. (Oil exchange of circuits with Judge Chas. W. Smith.) 1. The demurrer should have been sustained to the indictment because: (a.) Defendant and Neyman are accused of murder, but only one of them is charged with the acts constituting the offense, and which one is not shown. 37 Ark. 408; id. 412, 421; 38 id. 519; 1 Wharton, sec. 285; Mansfield’s Digest, sec. 2105 ; 33 Ark. 561. (7.) The defendant and Neyman are alleged to have had in their hands only one gun, through the instrumentality of which the crime was committed. This…
1Opinion of the Court
BATTLE, j.
The appellant, Evans, was indicted by a grand jury of the Union circuit court for murder. On his motion the venue was changed from Union to Ouachita county, where he was tried in the circuit court, and convicted of murder in the second degree, and his punishment was fixed at twenty-one years in the penitentiary.
i. Authority toex'chaiigeof On fhe 22nd of November, 1892, A. M. Duffie, judge the 7th judicial circuit, and C. W. Smith, judge of the 13th judicial circuit, of Arkansas, entered into a written agreement, by which they exchanged circuits from the 22nd to the 24th day of…
2Cases cited5 opinions
- Dunn v. StateSupreme Court of Arkansas · 1840
- State v. BlanSupreme Court of Missouri · 1879
- Coates v. PeopleIllinois Supreme Court · 1874
- State v. DaltonSupreme Court of Missouri · 1858
- State v. ZeibartSupreme Court of Iowa · 1874
3Cited by19 opinions
- Rhea v. StateSupreme Court of Arkansas · 1912
- Jones v. StateSupreme Court of Arkansas · 1909
- Rowland v. StateSupreme Court of Arkansas · 1948
- Scott v. StateSupreme Court of Arkansas · 1905
- Freels v. StateSupreme Court of Arkansas · 1917
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