State v. Bailey
Supreme Court of Arkansas
Appeal from Garland Circuit Court. Alexander M. Pueeie, Judge. 1. But one offense was charged in the indictment. The counts are but a foryi of alleging the modes and means in the alternative, which may be done. Sand. & H. Dig., sec. 2076. The second count states that the offense therein charged is the same as that charged in the first.
Read the full summary
Appeal from Garland Circuit Court. Alexander M. Pueeie, Judge. 1. But one offense was charged in the indictment. The counts are but a foryi of alleging the modes and means in the alternative, which may be done. Sand. & H. Dig., sec. 2076. The second count states that the offense therein charged is the same as that charged in the first. Such indictments are good. 60 Ark. 13; 34 id. 433; 50 id. 306; 37 id. 224. 2. An offense may be charged in as many counts as are necessary to cover the different modes in which it might have been committed. 50 Iowa, 372; 89 111. 571; 20 Tex. App. 320; Whart.…
1Opinion of the CourtBunn, C. J.
This is an indictment for carrying a pistol as a weapon, containing two counts. Motion by the defendant to compel the state to elect upon which count it would prosecute, and motion sustained. The state declined to elect; took exceptions. Judgment for defendant, and state appeals.
The indictment reads as follows : “The grand jury of Garland county, in the name and by the authority of the State of Arkansas, accuse Pres Bailey of the crime of carrying a pistol as a weapon, committed as follows : The said Pres Bailey in the county and state aforesaid, on the 22d day of April, 1895, unlawfully did…
2Cases cited1 opinion
- State v. RapleySupreme Court of Arkansas · 1894
3Cited by4 opinions
- Grayson v. StateSupreme Court of Arkansas · 1909
- Henderson v. StateSupreme Court of Arkansas · 1909
- Blacknall v. StateSupreme Court of Arkansas · 1909
- Jackson v. Nona Mills Co.Court of Appeals of Texas · 1910