Maxey v. State
Supreme Court of Arkansas
Appeal from Independence Circuit Court. Frederick D. Fulkerson, Judge. STATEMENT BY TI-IE COURT. The amended record brought here by the Attorney General shows that appellant was convicted before a justice of the peace of Independence County on a charge made by the affidavit of the prosecuting attorney under the following statute: “Every person who shall convey into any jail or place of confinement any disguised instrument, arms or other thing proper or useful to aid any…
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Appeal from Independence Circuit Court. Frederick D. Fulkerson, Judge. STATEMENT BY TI-IE COURT. The amended record brought here by the Attorney General shows that appellant was convicted before a justice of the peace of Independence County on a charge made by the affidavit of the prosecuting attorney under the following statute: “Every person who shall convey into any jail or place of confinement any disguised instrument, arms or other thing proper or useful to aid any prisoner in his escape, with the intent thereby to facilitate the escape of any prisoner lawfully committed to or detained…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. The record brought here by certiorari on motion of the Attornéy General shows that an appeal was taken by appellant from a judgment of conviction before the magistrate. The circuit court therefore had jurisdiction.
2. The circuit court did not arbitrarily overrule appellant’s motion for change of venue, but examined three of the witnesses signing the supporting affidavit, and found that they were not informed as to the conditions of the minds of the inhabitants concerning the matter, except about the city of Batesville. This alone was sufficient to…
2Cited by22 opinions
- Clardy v. StateSupreme Court of Arkansas · 1910
- Poe v. StateSupreme Court of Arkansas · 1910
- Hass v. United StatesCourt of Appeals for the Ninth Circuit · 1929
- Spurgeon v. StateSupreme Court of Arkansas · 1923
- Bryant v. StateSupreme Court of Arkansas · 1910
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