Baker v. State
Supreme Court of Arkansas
This was an indictment tried in the Pulaski Circuit Court, in March, A. D. 1841, before the Hon. John J. Clendenin, one of the Circuit Judges. The indictment contained two counts, one “ for shooting at Jacob Faulkner, with intent to kill,” and the other “ for shooting, wounding, and disabling Jacob Faulkner.”
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This was an indictment tried in the Pulaski Circuit Court, in March, A. D. 1841, before the Hon. John J. Clendenin, one of the Circuit Judges. The indictment contained two counts, one “ for shooting at Jacob Faulkner, with intent to kill,” and the other “ for shooting, wounding, and disabling Jacob Faulkner.” The jury found the prisoner guilty on both counts, and assessed his punishment at five years imprisonment in the penitentiary. ,The Court sentenced him accordingly, “for shooting at, with intent to kill.” The defendant appealed. When the appeal came into this Court, it was discovered…
1Opinion of the Court
/By the Court,
Dickinson, J.
The objections to the verdict and judgment are, that the two counts in the declaration are incompatible with each other, and that the Circuit Court erred in overruling the motion to exclude the evidence of the official character of Faulkner. ,. ■;
It is a sacred principle of our law, that an indictment must be so framed, and the offence so clearly stated, that the prisoner may not only be informed of the precise nature of the charges alleged against him, to enable him to make his defence, if he has any; but also to protect him- from another prosecution for the same…
2Cases cited1 opinion
- People v. RyndersNew York Supreme Court · 1834
3Cited by18 opinions
- People v. AikinMichigan Supreme Court · 1887
- People v. SweeneyMichigan Supreme Court · 1885
- Ince v. StateSupreme Court of Arkansas · 1906
- Miller v. ProughMissouri Court of Appeals · 1920
- Kerby v. StateSupreme Court of Arkansas · 1961
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