Legal Opinion

State v. McKinley

Supreme Court of Arkansas

Decided September 27, 1915PublishedCited by 27 opinions

Appeal from Greene Circuit Court; J. F. Gautney, Judge; 1. The statute which provides for the holding of elections in municipalities, also provides that “all elections shall he held and conducted in the manner prescribed by law for holding State and county elections, so far as the same may be applicable.” Kirby’s Dig., § 5433. It is clear also that only qualified electors are entitled to vote in (city elections.

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Appeal from Greene Circuit Court; J. F. Gautney, Judge; 1. The statute which provides for the holding of elections in municipalities, also provides that “all elections shall he held and conducted in the manner prescribed by law for holding State and county elections, so far as the same may be applicable.” Kirby’s Dig., § 5433. It is clear also that only qualified electors are entitled to vote in (city elections. Kiriby’s Dig., § 5596. If we have no statute punishing illegal voting in city elections, it is time the attention of the Legislature is called to that fact; but, under the ¡above…

1Opinion of the CourtHart, J.

Appellee and others were indicted for an alleged violation of the election laws while acting as judges of an election for city officers in the City of Paragould in Greene County, Arkansas.

The court sustained a demurrer to the indictment and the State has appealed to this court. It is conceded that the act of January 23, 1875, providing a general election law in terms applies .only to general elections of State, county and township officers, and to special elections held to fill vacancies in said offices.

Section 5433 of Kirby’s Digest, provides for the holding of elections in municipal…

2Cases cited5 opinions

  1. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  2. Phœnix Assurance Co. v. Fire DepartmentSupreme Court of Alabama · 1897
  3. Savage v. WallaceSupreme Court of Alabama · 1910
  4. Watkins v. Eureka SpringsSupreme Court of Arkansas · 1886
  5. Common School District No. 13 v. Oak Grove Special School DistrictSupreme Court of Arkansas · 1912

3Cited by27 opinions

  1. Jernigan v. HarrisSupreme Court of Arkansas · 1933
  2. State v. ArmstrongNew Mexico Supreme Court · 1924
  3. Harrington v. WhiteSupreme Court of Arkansas · 1917
  4. Grable v. BlackwoodSupreme Court of Arkansas · 1929
  5. Farris v. WrightSupreme Court of Arkansas · 1923

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