Thompson v. State
Supreme Court of Arkansas
Appeal from Yell Circuit Court. IIon. William N. May, Circuit Judge. In a case of felony, the defendant waives nothing that the record shows to he defective, unless there is an express waiver; and on error or appeal he has the benefit of all objections that he might have urged below. Sweeden’s case, 19 Ark., 205; Mriel’s case, 21 Ark., 212. The indictment is not in form and •charges no offense specifically.
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Appeal from Yell Circuit Court. IIon. William N. May, Circuit Judge. In a case of felony, the defendant waives nothing that the record shows to he defective, unless there is an express waiver; and on error or appeal he has the benefit of all objections that he might have urged below. Sweeden’s case, 19 Ark., 205; Mriel’s case, 21 Ark., 212. The indictment is not in form and •charges no offense specifically. Code of Practice p 288, sec 122; . •Gould’s Digest, 327 et seq. for definition of murder; Edward’s ■ case, 25 Ark. 444- The jury was not drawn as required by "law, nor was there a waiver…
1Opinion of the CourtHarrison, J.
The appellant was indicted in the Johnson circuit court, at the September term, 1870, for the murder of David 0. Stillwell.,
The indictment was as follows:
“Johnson Circuit Court.
“The State of Arkansas
against
“Joseph Thompson.
Murder.
“ The grand jury of the county of Johnson, in the name and.' by the authority of the State of Arkansas, accuse Joseph Thompson of the crime of murder, committed as follows, to-wit: The said Joseph Thompson, on the 14th day of May A. P. 1870, in the county of Johnson, in the State aforesaid, did premeditatedly, willfully and maliciously, with double-barreled shot-guu,…
2Cases cited6 opinions
- Ford v. StateCourt of Appeals of Maryland · 1859
- Slaughter v. StateTexas Supreme Court · 1859
- State v. UptonSupreme Court of Missouri · 1855
- Mount v. CommonwealthCourt of Appeals of Kentucky · 1863
- Smith v. KnightSupreme Court of Alabama · 1847
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3Cited by29 opinions
- Clark v. StateSupreme Court of Arkansas · 1925
- Simpson v. StateSupreme Court of Arkansas · 1892
- Jones v. StateSupreme Court of Arkansas · 1895
- Wells v. StateSupreme Court of Arkansas · 1937
- Flesher v. HaleWest Virginia Supreme Court · 1883
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