Legal Opinion

Lee v. State

Supreme Court of Arkansas

Decided January 12, 1920PublishedCited by 1 opinion

Appeal from Union Circuit Court; Chas. W. Smith, Judge; 1. The demurrer should have been sustained to the indictment. It charges no offense. The rules and regulations promulgated by the Board of Control were not disobeyed. The county was in the. free area, and it was no violation of law to fail to dip cattle in Union County after March 1, 1919. 208 S. W. 436 has not been overlooked, but is should be overruled.

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Appeal from Union Circuit Court; Chas. W. Smith, Judge; 1. The demurrer should have been sustained to the indictment. It charges no offense. The rules and regulations promulgated by the Board of Control were not disobeyed. The county was in the. free area, and it was no violation of law to fail to dip cattle in Union County after March 1, 1919. 208 S. W. 436 has not been overlooked, but is should be overruled. No rule requiring the dipping appears in the rules of the Board of Control, nor was any notice given or published. Ashcraft v. State, 140 Ark. 505. 2. It was error to exclude evidence…

1Opinion of the CourtSmith, J.

There is no connection between the two appeals disposed of in this opinion except that it has been found that both appeals can be disposed of in a single opinion, as substantially the same questions are raised in each case.

The indictment in each case alleged that appellant had “unlawfully failed to dip his cattle,” and the sufficiency of this allegation is raised by demurrer. We have heretofore held against appellants ’ contention in this respect in the cases of Palmer v. State, 137 Ark. 160, and Rider v. State, 126 Ark. 501.

In the instant case of L. Palmer, it is insisted that, even though…

2Cases cited5 opinions

  1. Caha v. United StatesSupreme Court of the United States · 1894
  2. Kansas City Southern Railway Co. v. StateSupreme Court of Arkansas · 1909
  3. Palmer v. StateSupreme Court of Arkansas · 1919
  4. Rider v. StateSupreme Court of Arkansas · 1917
  5. Ashcraft v. StateSupreme Court of Arkansas · 1919

3Cited by1 opinion

  1. Parker v. NicholasSupreme Court of Arkansas · 1931

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