McCuen v. State
Supreme Court of Arkansas
Appeal from the Circuit Court of Phillips County. Hon. George W. Beazley, Circuit Judge. In criminal cases, on overruling a demurrer to a bill of indictment, it is error for the Court to render final judgment against the accused. Arch. Gr. PI. and Ev. 116; Wilson vs.. State, 16 Ark.
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Appeal from the Circuit Court of Phillips County. Hon. George W. Beazley, Circuit Judge. In criminal cases, on overruling a demurrer to a bill of indictment, it is error for the Court to render final judgment against the accused. Arch. Gr. PI. and Ev. 116; Wilson vs.. State, 16 Ark. R. 601. The judgment should have been respon-deat ouster, on overruling the demurrer in this case. 4 Texas Rep. 242; State vs. Allen, 1 Ala. 442. Private acts should be specially pleaded. 1 Kent's Com. 589. For definitions of public and private acts, see 1 Kent's Com. 506 et seq.
1Opinion of the CourtChief Justice English
Indictment for retailing, charging:
“ That James McCuen, late of, etc., on the 4th day of November, A. D., 1856, in the county of Phillips aforesaid, unlawfully did retail ardent spirits, by quantities less than one quart, to divers persons, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Arkansas.”
The defendant moved to quash the indictment, and the CJourt overruled the motion.
He then filed a demurrer to the indictment, on the following grounds:
1. The indictment is founded on a private act, and the act is; not specially…
2Cases cited4 opinions
- People v. TaylorNew York Supreme Court · 1846
- Wickwire v. StateSupreme Court of Connecticut · 1849
- State v. ParnellSupreme Court of Arkansas · 1855
- Thomas v. StateSupreme Court of Missouri · 1840
3Cited by4 opinions
- Wilburn v. StateSupreme Court of Arkansas · 1860
- McNeil v. StateSupreme Court of Arkansas · 1916
- Buzzard v. StateSupreme Court of Arkansas · 1859
- Bevens v. BaxterSupreme Court of Arkansas · 1861