State v. Hall
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. C. E. Mitchell, Judge. I. The two crimes of murder and carrying a pistol are not of the same generic class. The elements of the-one do not enter into the other. One is a felony, the other a statutory misdemeanor. A conviction or-aequital of one could not be successfully pleaded as a bar to the other. 38 Ark. 550; 42 Id. 270. If they are not the same offense, then there are not two indictments pending for the same crime or matter.
1Opinion of the CourtSmith, J.
Hall was indicted for carrying a pistol as a weapon; and on his motion the indictment was quashed because, simultaneously with the preferring of this, charge, the grand jury had also indicted him for murder; it being admitted that the two indictments referred to the same transaction. The court seems to have considered that the wearing orarais was the first step in the commission of the homicide and that the misdemeanor was merged m the felony.
It was a rule of the common law, that where the same criminal act fell within the definition of a misdemeanor and likewise of a felony, the less…
2Cases cited1 opinion
- State v. NicholsSupreme Court of Arkansas · 1882
3Cited by5 opinions
- Campbell v. StateSupreme Court of Arkansas · 1949
- Williams v. StateSupreme Court of Arkansas · 1923
- State v. WelbonSupreme Court of Arkansas · 1899
- Turner v. StateSupreme Court of Arkansas · 1970
- Turner v. StateSupreme Court of Arkansas · 1970