Chiles v. State
Supreme Court of Arkansas
APPEAL from Desha Circuit Court, Watson District. Hon. John A. Williams, Circuit Judge. 1. The indictment does not state that any hands had been apportioned to appellant. Mansf. Dig., Secs. 3902-3-3. 2. The record appointment of appellant was the best evidence, and the court erred in permitting parol evidence to be introduced that he was overseer. Ib. Sec. 3893. 3. The paper purporting to be an apportionment of hands by plantations improperly admitted.
Read the full summary
APPEAL from Desha Circuit Court, Watson District. Hon. John A. Williams, Circuit Judge. 1. The indictment does not state that any hands had been apportioned to appellant. Mansf. Dig., Secs. 3902-3-3. 2. The record appointment of appellant was the best evidence, and the court erred in permitting parol evidence to be introduced that he was overseer. Ib. Sec. 3893. 3. The paper purporting to be an apportionment of hands by plantations improperly admitted. Ib. 3922-3. 4. The jury was not sworn. See Mansf. Dig., Secs. 2238, 2220-1. The court did not err as stated in 4th ground of the motion for…
1Opinion of the CourtEakin, J.
The appellant is a road overseer, tried and convicted for the offense of failing to keep his road in repair as required by law. There was a motion for a new trial, bill of exceptions and appeal.
The record proper shows that, upon issue joined, a jury was called. “ Whereupon John McDonald and eleven others, good and lawful jurors of the body of Desha county, for the Watson district, who were impaneled.” The word “ came ” doubtless understood. The bill of exceptions shows that the jurors were of the regular panel, but were not specially sworn in the case.
1. Selecting and swearing the jury,
This…
2Cited by7 opinions
- People v. MoonIllinois Supreme Court · 2022
- Ex parte MillerCalifornia Supreme Court · 1890
- Logan County v. TrimmSupreme Court of Arkansas · 1893
- Tong v. StateSupreme Court of Arkansas · 1925
- State v. DuffSupreme Court of Missouri · 1913
2 more not listed; retrieve them via the Exa API.