Houpt v. State
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Calvin T. Gotham, Judge; To sustain the charge in the indictment, the evidence must show that Murray escaped, went at large, and that, too, by appellant’s volition. It does not show this, but that appellant removed Murray from the jail and put him in the keeping of guards with strict injunctions not to permit him to escape.
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Appeal from Garland Circuit Court; Calvin T. Gotham, Judge; To sustain the charge in the indictment, the evidence must show that Murray escaped, went at large, and that, too, by appellant’s volition. It does not show this, but that appellant removed Murray from the jail and put him in the keeping of guards with strict injunctions not to permit him to escape. While some evidence tends to show that the guards were sometimes lax, yet it does not show that appellant was aware of this laxity. It shows further, not only that Murray did not escape, but that, when indicted and suspended from office,…
1Opinion of the CourtFrauenthal, J.
The defendant, Sid Houpt, sheriff of Garland County, was indicted by the grand jury of that county charged with the crime of escape. He was convicted of that offense by a petit jury, who assessed against him a fine of one dollar and imprisonment of one hour in the county jail. A iudgment was thereupon rendered, adjudging him to pay said fine, undergo said imprisonment and removing him from office. He seeks by this appeal to obtain a reversal of that judgment.
The indictment alleged that the crime of escape was commtted by sa'd defendant as follows: “The said Sid Houpt, in the county and State…
2Cases cited7 opinions
- State ex rel. Tilley v. SloverSupreme Court of Missouri · 1892
- Beard v. StateSupreme Court of Arkansas · 1906
- Bradford v. Territory of Oklahoma Ex Rel. WoodsSupreme Court of Oklahoma · 1894
- Luckey v. StateTexas Supreme Court · 1855
- Nall v. StateSupreme Court of Alabama · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Henderson v. DudleySupreme Court of Arkansas · 1978
- De Lacey v. United StatesCourt of Appeals for the Ninth Circuit · 1918
- Cassady v. StateSupreme Court of Arkansas · 1969
- Fanning v. United StatesCourt of Appeals for the Fourth Circuit · 1934
- Farrell v. StateSupreme Court of Arkansas · 1914
14 more not listed; retrieve them via the Exa API.