Buell v. State
Supreme Court of Arkansas
APPEAL from Crawford Circuit Court. Hon. R. B. Rutherford, Circuit Judge. The ordinance was void for want of power in the town council to pass such an one. By Mansf. Dig., Secs. 731, 764, power is given to punish lewd and lascivious behavior in public places, but that is no authority for passing this ordinance. 31 Ark., 464. A mayor’s court is a tribunal unknown to the laws of this state.
Read the full summary
APPEAL from Crawford Circuit Court. Hon. R. B. Rutherford, Circuit Judge. The ordinance was void for want of power in the town council to pass such an one. By Mansf. Dig., Secs. 731, 764, power is given to punish lewd and lascivious behavior in public places, but that is no authority for passing this ordinance. 31 Ark., 464. A mayor’s court is a tribunal unknown to the laws of this state. It is no' greater misnomer to call a justice of the peace a “magistrate” than a mayor a court. See 52 Ark.', Martin v. State. The indictment sufficiently describes the court which the mayors of towns hold…
1Opinion of the Court
Smith. J.
Buell was convicted of perjury, the alleged false testimony having been given upon the trial of the cause of. .the incorporated town of Van Burén, plaintiff, against Cassie Owensbuy, defendant, lately depending in the mayor’s court. The said Cassie had been charged with being a common ■prostitute, contrary to an ordinance of the town; and Buell, having been sworn to testify, had stated that, to the best of his knowledge and belief, she was a virtuous woman. This statement, it was conceded, was false within the knowledge of the witness. And it was doubtless material; that is, it bore…
2Cases cited3 opinions
- Milliken v. City CouncilTexas Supreme Court · 1881
- Shafer v. MummaCourt of Appeals of Maryland · 1861
- City of Chariton v. BarberSupreme Court of Iowa · 1880
3Cited by8 opinions
- State v. MandehrSupreme Court of Minnesota · 1926
- City of St. Louis v. KingSupreme Court of Missouri · 1910
- City of Stuttgart v. StraitSupreme Court of Arkansas · 1947
- Loudermilk v. StateSupreme Court of Arkansas · 1913
- Coker v. Fort SmithSupreme Court of Arkansas · 1924
3 more not listed; retrieve them via the Exa API.