Choctaw, Oklahoma & Gulf Railroad v. State
Supreme Court of Arkansas
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.
1Opinion of the CourtBattle, J.
On the 6th day of January, 1904, the grand jury of Sebastian County returned an indictment against the Choctaw, Oklahoma & Gulf Railroad Company in words and figures as follows:
“The grand jury of Sebastian County for the Greenwood District thereof, in the manner and by the authority of the State of Arkansas, accuse the defendant, Choctaw, Oklahoma & Gulf Railroad Company, of the crime-of misdemeanor, committed as follows, towit: The said defendant, a corporation owning and operating a line of railroad running through the Greenwood District of Sebastian County, Arkansas, and maintaining a…
2Cases cited1 opinion
- St. Louis & San Francisco Railway Co. v. StateSupreme Court of Arkansas · 1900
3Cited by1 opinion
- Commonwealth v. GeorgeSuperior Court of Pennsylvania · 1915