Legal Opinion

Brown v. Welch

Supreme Court of Arkansas

Decided December 19, 1921PublishedCited by 3 opinions

Appeal from Clay Circuit Court, Western District; R. II. Dudley, Judge; Appellant had the authority, and it was his duty, to file the informations {% 8308, C. & M. Digest). It was the duty of the justice of the peace to issue the warrants, Id. It was appellant’s duty to attend and prosecute. § 8309, Id. He did attend for the purpose of prosecuting, and was present and prosecuting at the time the pleas of guilty were entered as much so as . if there had been a jury trial.

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Appeal from Clay Circuit Court, Western District; R. II. Dudley, Judge; Appellant had the authority, and it was his duty, to file the informations {% 8308, C. & M. Digest). It was the duty of the justice of the peace to issue the warrants, Id. It was appellant’s duty to attend and prosecute. § 8309, Id. He did attend for the purpose of prosecuting, and was present and prosecuting at the time the pleas of guilty were entered as much so as . if there had been a jury trial. He was entitled to the fees. C. & M. Dig. §§ 8307. 4571; 138 Ark. 154; 92 Tenn. 289, 21 S. W. 519; 128 Ark. 287; 46 L. R.…

1Opinion of the CourtMcCulloch, C. J.

Appellant is the deputy prosecuting attorney for the Western District of 'Clay County, and this appeal involves his right 'to demand and receive a fee on conviction in a criminal case in which he filed information before a justice of the peace, caused the arrest of the two appellees and attended the court on the day the trial was to be held, but the accused entered pleas of guilty.

The right of this officer to demand a fee depends upon the construction of the statute applicable to Clay and certain other counties. Section 8308, Crawford & Moses’ Digest, provides that the deputy prosecuting…

2Cited by3 opinions

  1. City of Champaign v. HillAppellate Court of Illinois · 1961
  2. Duncan v. WestSupreme Court of Arkansas · 1924
  3. Waggoner v. WeaverSupreme Court of Arkansas · 1928

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