Legal Opinion

Walker v. Fayetteville

Supreme Court of Arkansas

Decided January 31, 1910PublishedCited by 3 opinions

Appeal from Washington Circuit Court; J. S. Maples, Judge; 1. The evidence does not support the verdict. 2. Where public offenses are punishable by both fine and imprisonment, the statute does not confer jurisdiction upon police courts concurrent with justices of the peace. Dillon on Mun. Corp. (2 ed.), § § 35§, 359; Kirby’s Dig. § 5626; Id. § § 2081, 2082, 2086, 2110, 2476, 5471, 5464, 5465; art. 2, § § 7, 8 Const. Ark.; art. 8, § 49, Id.

1Opinion of the CourtHart, J.

On the 7th day of August, 1909, George Walker was arrested by the chief of police of the city of Fayetteville, Arkansas, for disturbing the peace. Fie was tried and convicted before the police court, his punishment being fixed at a fine of $200 and six months’ imprisonment in the county jail. Walker appealed to the circuit court, where he was tried before a jury, and again convicted, his punishment being assessed at a fine of $300 and six months imprisonment in the county jail. From the judgment rendered upon the verdict he has appealed to this court.

The affidavit for a warrant of arrest…

2Cases cited4 opinions

  1. Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
  2. McCall v. HelenaSupreme Court of Arkansas · 1908
  3. Searcy v. TurnerSupreme Court of Arkansas · 1908
  4. Barnett v. MalvernSupreme Court of Arkansas · 1909

3Cited by3 opinions

  1. Fox v. StateSupreme Court of Arkansas · 1912
  2. Jones v. StateSupreme Court of Arkansas · 1956
  3. Manley v. StateSupreme Court of Arkansas · 1956

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