Ex parte Barnett
Supreme Court of Arkansas
CERTIORARI to Pope Circuit Court. G. S. Cunningham, Judge. The court erred in setting aside the defendant’s plea of guilty, the sentence, in quashing the indictment and holding the prisoner to await the action of the grand jury. The indictment was valid, and it was the duty of the court to try the defendant for the misdemeanor charged therein. 45 Ark., 333; Mansf. Dig., secs. 2106-7; 43 Ark., 91; 26 Id., 260; 42 Id., 35; Mansf.
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CERTIORARI to Pope Circuit Court. G. S. Cunningham, Judge. The court erred in setting aside the defendant’s plea of guilty, the sentence, in quashing the indictment and holding the prisoner to await the action of the grand jury. The indictment was valid, and it was the duty of the court to try the defendant for the misdemeanor charged therein. 45 Ark., 333; Mansf. Dig., secs. 2106-7; 43 Ark., 91; 26 Id., 260; 42 Id., 35; Mansf. Dig., sec. 2157; 18 Wall., 163, 205 ; Hurd on Habeas Corpus, pp. 335-6, 1st ed.; 85 U. S., 163; 93 Id., 18; 104 Id., 604; 121 Id., i. The remedy by habeas corpus is…
1Opinion of the CourtCockrill, C. J.
This is a petition to review by certiorari the refusal of the judge of the Pope circuit court to discharge the petitioner upon habeas corpus. It appears from the record which has been certified to us in the usual way in such cases, [see Arkansas Industrial Co., v. Neel, 48 Ark., 283 ; Jackson, ex parte, 45 Ib., 158,] that an indictment was returned by the grand jury against the petitioner “for criminal abortion,” and that he entered a plea of guilty to the indictment, whereupon the court assessed his punishment at one year’s imprisonment in the penitentiary and a fine of $50, and remanded him…
2Cases cited8 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Petition of SemlerWisconsin Supreme Court · 1877
- State ex rel. Noonan v. Sheriff of Hennepin CountySupreme Court of Minnesota · 1877
- Ex parte RuthvenSupreme Court of Missouri · 1853
- Ex parte HartmanCalifornia Supreme Court · 1872
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3Cited by3 opinions
- State v. MartineauSupreme Court of Arkansas · 1921
- Ex parte PerdueSupreme Court of Arkansas · 1893
- Ex parte AdamsSupreme Court of Arkansas · 1894