Duncan v. State
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. The information is defective in that it does not describe or show how the defendant committed the offense. It does not charge any offense in law or in substance or in the language of any statute.
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Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. The information is defective in that it does not describe or show how the defendant committed the offense. It does not charge any offense in law or in substance or in the language of any statute. By the plea of guilty, defendant only confesses himself guilty in manner and form as charged, and if the information charges no offense against the law none is confessed and on appeal may attack the information-for the first time. 12 Ark. 170; 13 Id. 752; 16 Id. 333. 2. On the facts, the plea of guilty was conditional and the condition…
1Opinion of the CourtHart, J.
On January 3, 1916, Will Duncan was arrested upon warrants issued by a justice of the peace upon informations filed by the deputy prosecuting attorney. He was placed in jail and on the next day was brought before the justice of the peace and entered his plea of guilty in five separate misdemeanor cases. He was charged with running a disorderly house, with Sabbath breaking, with running a blind tiger and in two cases with gaming. Judgments were entered upon his pleas of guilty.
On January 6, 1916, Duncan prayed and was granted an appeal in each case to the circuit court. At the next term of the…
2Cases cited3 opinions
- Greene v. StateSupreme Court of Arkansas · 1908
- Stokes v. StateSupreme Court of Arkansas · 1916
- Barwick v. StateSupreme Court of Arkansas · 1913
3Cited by6 opinions
- McClain v. StateSupreme Court of Arkansas · 1924
- Estes v. StateSupreme Court of Arkansas · 1929
- Adams v. Plummer, JudgeSupreme Court of Arkansas · 1948
- City of Fayetteville v. BellSupreme Court of Arkansas · 1943
- Barnes v. StateSupreme Court of Arkansas · 1935
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