Henderson v. Town of Murfreesboro
Supreme Court of Arkansas
Appeal from Pike Circuit Court; Jefferson T. Cowling, Judge; In view of the distance appellant lived from the place of trial and the proof of his illness submitted with the motion, it was an abuse of discretion to refuse a continuance, and to force the case into trial in the appellant’s absence. • 42 Ark. 273; 38 Ark. 512. Intent is an essential element of this offense.
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Appeal from Pike Circuit Court; Jefferson T. Cowling, Judge; In view of the distance appellant lived from the place of trial and the proof of his illness submitted with the motion, it was an abuse of discretion to refuse a continuance, and to force the case into trial in the appellant’s absence. • 42 Ark. 273; 38 Ark. 512. Intent is an essential element of this offense. An intent to eject, rather than to assault, was a valid defense, and no one could know so well as the appellant, what his intent was in taking hold of the prosecuting witness. 2 Ruling 'Case Law, § 37, p-. 559. And the court…
1Opinion of the CourtMcCulloch, C. J.
This is a prosecution for violation of an ordinance of an incorporated town for the offense of assault and battery, and the defendant, Austin Henderson, was convicted in the circuit court on appeal from the court of the mayor, and his punishment fixed at a fine of one dollar. He appeals to this court.
Defendant was a merchant in the town of Murfrees-boro, and is accused of committing the crime of assault and 'battery upon the person of-Cornelius Walker, a 'colored woman, while she was in defendant’s 'store. The evidence adduced by the prosecution tends to show that the defendant, without any…
2Cases cited4 opinions
- Roberts v. StateSupreme Court of Arkansas · 1907
- Owen v. StateSupreme Court of Arkansas · 1882
- Stelle v. StateSupreme Court of Arkansas · 1906
- Cox v. City of JonesboroSupreme Court of Arkansas · 1914
3Cited by3 opinions
- In Re BairdCalifornia Court of Appeal · 1957
- Opinion No., Arkansas Attorney General Reports2008
- Prine v. StateSupreme Court of Arkansas · 1979