Eyer v. State
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; R. E. Jeffery, Judge; 1. At common law, Sunday is dies non juridicus, and all judicial proceedings which take place on that day are void. 29 Ark. 238; Kirby’s Dig., § 1538; 37 Cyc. 583; 20 Enc. PI. & Pr. 1190; 12 Am. Dec. 290, and notes; 48 Id. 387; 43 Am. St. Eep. 290; 25 Am. Eep. 627-8-9; 63 Am. St. Eep. 824; 37 Am. Eep. 466; 58 Am. St. Eep. 223; 35 Am.
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Appeal from Jackson Circuit Court; R. E. Jeffery, Judge; 1. At common law, Sunday is dies non juridicus, and all judicial proceedings which take place on that day are void. 29 Ark. 238; Kirby’s Dig., § 1538; 37 Cyc. 583; 20 Enc. PI. & Pr. 1190; 12 Am. Dec. 290, and notes; 48 Id. 387; 43 Am. St. Eep. 290; 25 Am. Eep. 627-8-9; 63 Am. St. Eep. 824; 37 Am. Eep. 466; 58 Am. St. Eep. 223; 35 Am. Eep. 131. . All judicial acts performed by the court on Sunday, except such as are expressly authorized by statute, are void, and the adjournment of court is a judicial act. Supra. Any action of the court…
1Opinion of the CourtMcCulloch, C. J.
The defendant, Mike Eyer, appeals from a judgment of conviction of the crime of murder in the second degree, under an indictment which' charged murder in the first degree. He killed one Noel O ’Hare by striking him with an axe handle.
Defendant was engaged in the timber business along White Kiver, and was floating blocks of timber down the river past the city of Newport. There was a tent on one of the blocks for the accommodation of the men as the timber floated down the river. Deceased had been employed to assist in handling the timber and accompanied defendant on the trip down the liver. A…
2Cases cited2 opinions
- Petty v. StateSupreme Court of Arkansas · 1905
- McVay v. StateSupreme Court of Arkansas · 1912
3Cited by4 opinions
- Smith v. StateSupreme Court of Arkansas · 1953
- Phillips v. StateSupreme Court of Arkansas · 1924
- Chester v. Arkansas State Board of Chiropractic ExaminersSupreme Court of Arkansas · 1968
- Spights v. StateSupreme Court of Arkansas · 1922