Eno v. State
Supreme Court of Arkansas
Error to Jackson Circuit Court; Charles Coffin, Judge; 1. The venue is a jurisdictional fact which must be proved by the State in order to convict of a criminal offense. 77 Ark. 19; 58 Ark. 242. 2. There was no sufficient evidence as to the damage. No foundation was laid for the question, nor previous knowledge as to the value of the horses, no opportunity of knowing values shown in the witness nor any experience.
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Error to Jackson Circuit Court; Charles Coffin, Judge; 1. The venue is a jurisdictional fact which must be proved by the State in order to convict of a criminal offense. 77 Ark. 19; 58 Ark. 242. 2. There was no sufficient evidence as to the damage. No foundation was laid for the question, nor previous knowledge as to the value of the horses, no opportunity of knowing values shown in the witness nor any experience. The answer of the witness was mere guesswork and speculation. 68 Ark. 218; 70 Ark. 401; 47 Ark. 497; 59 Ark. 105; 17 Cyc. 49 and cases cited. 1. The horses were proved to have been…
1Opinion of the CourtHart, J.
Albert Eno was arrested and tried before a justice of the peace for the crime of malicious mischief, charged to have been committed by wilfully and maliciously shooting five horses in Jackson County, Arkansas, belonging to J. R. Hawley.
He was convicted, and duty appealed to the circuit court. On a trial de novo in the circuit court, the jury returned the following verdict: “We, the jury, find the defendant guilty, and assess his fine at ($20) twenty dollars,.and the damages at ($50) fifty dollars.” Judgment was entered on the verdict in favor of the State of Arkansas for the amount of the…
2Cases cited7 opinions
- Ince v. StateSupreme Court of Arkansas · 1905
- Allen v. StateSupreme Court of Arkansas · 1902
- Young v. StevensonSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. BakerSupreme Court of Arkansas · 1900
- Choctaw & Memphis Railroad v. GosetSupreme Court of Arkansas · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Gooch v. StateSupreme Court of Arkansas · 1921