Moore v. State
Supreme Court of Arkansas
APPEAL from Polk Circuit Court. Rufus D. Hearn, Judge. 1. The record in the justice’s court verified the plea of defendant. 32 Ark., 722. 2. There was no plea by defendant, and no issue to be tried. 34 Ark., 275 ; 37 Id., 54; 39 Id., 180. 3. Neither the official signature of the justice, nor the formal entry of the judgment, were necessary to the validity of ■the justice’s record. 12 Ark., 670; 14 Ohio, 295; 2 Yer-ger, 24, The plea of former conviction was not verified by…
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APPEAL from Polk Circuit Court. Rufus D. Hearn, Judge. 1. The record in the justice’s court verified the plea of defendant. 32 Ark., 722. 2. There was no plea by defendant, and no issue to be tried. 34 Ark., 275 ; 37 Id., 54; 39 Id., 180. 3. Neither the official signature of the justice, nor the formal entry of the judgment, were necessary to the validity of ■the justice’s record. 12 Ark., 670; 14 Ohio, 295; 2 Yer-ger, 24, The plea of former conviction was not verified by the record ■of the former conviction, and the court properly sustained the demurrer to it. Bradley v. State, 32 Ark., p.…
1Opinion of the CourtCockrill, C. J.
The appellant was indicted for assault with intent to murder. There was a nol. pros, as to the felony, when he interposed a plea of former conviction. A demurrer to the plea was sustained, and that is assigned here as error. But there is no plea in the record and therefore nothing from which we can draw the deduction that the court erred in sustaining the demurrer.
1. Evidence: Docket entry of justice Upon the call of the indictment for trial, a jury was waiv-i. ed and the cause submitted by consent to the court. There ' was incontestible proof of the assault, and the defendant to meet it…
2Cases cited2 opinions
- State v. CassadySupreme Court of Kansas · 1874
- State v. HayesSupreme Court of Iowa · 1885
3Cited by10 opinions
- Clubb v. StateSupreme Court of Arkansas · 1959
- Davidson v. StateSupreme Court of Arkansas · 1913
- Hudson v. StateSupreme Court of Georgia · 1903
- State v. WaltonOregon Supreme Court · 1907
- Ellingburg v. StateSupreme Court of Arkansas · 1973
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