State v. Smith
Supreme Court of Arkansas
ERROR to Little River Circuit Court. R. D. Hearn, Judge. The offense charged in the indictment is a felony. Mansf. Dig., sec. 1567. Circuit courts have exclusive jurisdiction of felonies. Justices of the peace have no jurisdiction of felonies, except to sit as examining courts.
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ERROR to Little River Circuit Court. R. D. Hearn, Judge. The offense charged in the indictment is a felony. Mansf. Dig., sec. 1567. Circuit courts have exclusive jurisdiction of felonies. Justices of the peace have no jurisdiction of felonies, except to sit as examining courts. Const., art. 7, sec. 40. The justice had no authority to “adjudge” the defendant not guilty, or to discharge him from further prosecution. 38 Ark., 550; 42 Ark., 270; 33 Iowa, 525; 55 Iowa, 531. See also 10 Cox C. C., 480; 66 Ind., 223; 11 Pick., 134; 12 Pick., 496; 101 Mass., 25; 95 Ind., 480; 4 Park. C. C., 196; 1…
1Opinion of the CourtHughes, J.
The appellee was indicted for assault with intent to kill. He pleaded former conviction for the same offense, setting up in his plea that, upon a charge of assault with intent to kill, before a magistrate, growing out of the same transaction, he had been adjudged not guilty of the assault with intent to kill, and was discharged from further prosecution upon said charge. That he was then held by the magistrate for trial for assault and battery, and was convicted of an aggravated assault for the same offense, and fined fifty dollars and sentenced to one day’s imprisonment. The State demurred to…
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