Griffin v. State
Supreme Court of Arkansas
APPEAL from Gonway Circuit Court. Hon. W. D. Jacoway, Circuit Judge. The indictment does not show by what authority Burns was in custody. 1 Bish. Gr. Pr., Sec. 593; Bassv. State, 29 Arle., 148 ; Martin v. State, 32 Ark., 124, and cases cited. 2 Bishop Gr. Pr., 943, note 1 ,p. 945. Nothing is tobe left to intendment or implication in an indictment.
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APPEAL from Gonway Circuit Court. Hon. W. D. Jacoway, Circuit Judge. The indictment does not show by what authority Burns was in custody. 1 Bish. Gr. Pr., Sec. 593; Bassv. State, 29 Arle., 148 ; Martin v. State, 32 Ark., 124, and cases cited. 2 Bishop Gr. Pr., 943, note 1 ,p. 945. Nothing is tobe left to intendment or implication in an indictment. State v. Fldridge, 12 Ark., 610; State v. Hand, 6 Ark., 165. It ■does not allege that the judgment of conviction directed that Burns be imprisoned until fine and costs be paid, nor that any process had issued thereon — imprisonment until so paid is…
1Opinion of the CourtEnglish, C. J.
Appellant, George W. Griffin, was indicted in the Circuit Court of Conway county, for malfeasance in office, the indictment charging in substance; “ That said George W. Griffin, on the tenth day of April, 1881, in the county aforesaid, being then the sheriff of said county, and having, the lawful custody of one Bud Burns, who had been convicted in the Circuit Court within and for said county, at the March term, 1881, of said court, of the crime of Sabbath breaking, and adjudged to pay aline of ten dollars, with cost of prosecution, and which said fine and cost on said tenth day of April,…
2Cases cited1 opinion
- Redman v. StateIndiana Supreme Court · 1867
3Cited by3 opinions
- Simpson v. StateSupreme Court of Arkansas · 1892
- Henderson v. Town of MurfreesboroSupreme Court of Arkansas · 1915
- State v. WhiteSupreme Court of Arkansas · 1926