Lancaster v. State
Supreme Court of Arkansas
Appeal from Van Burén Circuit Court. Elbridge G. Mitchell, Judge. A judgment contrary to law is void. Sand. & H. Dig. § 2255; 58 Ark. 233; 26 Ark. 323-330; 26 Ark. 534; 26 Ark. 514; 31 Ela. 176, 164; 32 Ela. 244; 40 Ala. 698; 42 Ala. 509; 45 Ala. 32; 54 Ala. 520; 65 Ala. 492; 71 Ala. 329; 12 Md. 514; 60 Md. 402. This court has power to reverse the verdict. Sand. & H. Dig. § 2432.
1Opinion of the CourtBiddick, J.
The defendant, John Lancaster, was indicted by the grand jury of Van Burén county for the crime of murder in the firs! degree. The record shows that, after a copy of the indictment had been served upon him, he appeared in person and with his attorney in open court, and waived arraignment, and for a plea to the indictment “says he is guilty.”
The record further recites that “the court, after hearing the testimony in the case, both upon the part of the state and the defendant, and being sufficiently advised, doth fix his punishment at hanging *by the neck until he is dead,” and gave judgment…
2Cases cited1 opinion
- Porter v. StateSupreme Court of Arkansas · 1893
3Cited by10 opinions
- Davidson v. StateSupreme Court of Arkansas · 1913
- Wells v. StateSupreme Court of Arkansas · 1937
- Jones v. StateSupreme Court of Arkansas · 1942
- Rorie v. StateSupreme Court of Arkansas · 1949
- Banks v. StateSupreme Court of Arkansas · 1920
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