Jones v. State
Supreme Court of Arkansas
APPEAL from Yell Circuit Court. Hon. G. S. Cunningham, Circuit Judge. The use of the words “ at least” means three clear days, as held in the English and Texas cases cited by the Attorney General. "When a certain number of days are required to intervene between two acts, the day of only one of the acts may be counted. Gantt’s Digest, see. 5648. But in England and Texas it has been held that the words “ at least” mean so many clear or full days.
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APPEAL from Yell Circuit Court. Hon. G. S. Cunningham, Circuit Judge. The use of the words “ at least” means three clear days, as held in the English and Texas cases cited by the Attorney General. "When a certain number of days are required to intervene between two acts, the day of only one of the acts may be counted. Gantt’s Digest, see. 5648. But in England and Texas it has been held that the words “ at least” mean so many clear or full days. Robinson’s Practice, vol. 1, ch. 78, pp. 430-1; 1 Texas, 107.
1Opinion of the CourtSmith, J.
Jones was convicted upon an indictment which charged him with a failure to work upon the public roads. He was subject to road duty; but he alleges that he had not received timely notice of the proposed working. The statute under which he was indicted (Gantt’s Digest, sec. 5324) provides for “ at least three days’ actual notice.” He was warned late on Saturday evening to attend and work on the following Tuesday morning. The court charged that the notice was sufficient.
Section 5648 of Gantt’s Digest directs that when a certain number of days are required to intervene between two acts, the day…
2Cases cited2 opinions
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3Cited by6 opinions
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- Williamson v. MontgomerySupreme Court of Arkansas · 1932
- Whitner v. ThompsonSupreme Court of Arkansas · 1933
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