Legal Opinion · Dissent

Choctaw, Oklahoma & Gulf Railroad v. State

Supreme Court of Arkansas

Decided May 6, 1905Published

Appeal from Sebastian Circuit Court, Greenwood District. Styles T. Rowe, Judge. The indictment was not sufficient. 68 Ark. ¿51. Penal statutes are to be strictly construed. 40 Ark. 97; 38 Ark. 511. The appellant was guilty of no offense. 61 Ark. 9; 79 S. W. 714. A verdict should have been instructed for defendant. 5 Am. & Eng. R. Cas.

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Appeal from Sebastian Circuit Court, Greenwood District. Styles T. Rowe, Judge. The indictment was not sufficient. 68 Ark. ¿51. Penal statutes are to be strictly construed. 40 Ark. 97; 38 Ark. 511. The appellant was guilty of no offense. 61 Ark. 9; 79 S. W. 714. A verdict should have been instructed for defendant. 5 Am. & Eng. R. Cas. (N. S.) 645. ' The indictment sufficiently charged the offense. 18 Ark. 363; 19 Ark. 171, 587; 33 Ark. 140; 39 Ark. 216; 43 Ark. 178; 45 Ark; 173; 47 Ark. 188, 458.

1Dissent

Hire, C. J.,

(dissenting.) This indictment contains the allegations the absence of which vitiated the indictment in Saint Louis & S. F. R. Co. v. State, 68 Ark. 251, and presents the charge in the exact language of the statute. The proper construction of the indictment is that it charges a failure to provide separate waiting rooms for the races, and the words, “of equal and sufficient accommodations,” are descriptive of the rooms which should have been furnished and were not furnished, and that it should not be construed into a charge of a failure to furnish the various accommodations required…

2Cases cited1 opinion

  1. St. Louis & San Francisco Railway Co. v. StateSupreme Court of Arkansas · 1900

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