Legal Opinion

Hunter v. State

Supreme Court of Arkansas

Decided January 24, 1910PublishedCited by 4 opinions

Appeal from Pulaski Circuit Court, First Division; Robert I. Lea, Judge; The allegation in the indictment as to the date of the commission of the crime shows affirmatively that it was not committed within the jurisdiction of the court. The indictment thus fails to meet the requirements of section 2228, Kirby’s Dig., and is therefore insufficient. 165 Ind. 443; 10 Mo. 291; 81 Me. 271; 30 W. Va. 386; 1 Tyler (Vt.) 295; 1 How.

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Appeal from Pulaski Circuit Court, First Division; Robert I. Lea, Judge; The allegation in the indictment as to the date of the commission of the crime shows affirmatively that it was not committed within the jurisdiction of the court. The indictment thus fails to meet the requirements of section 2228, Kirby’s Dig., and is therefore insufficient. 165 Ind. 443; 10 Mo. 291; 81 Me. 271; 30 W. Va. 386; 1 Tyler (Vt.) 295; 1 How. (Miss.) 260; 94 Pac. 553; 8 Col. 364. The indictment charges no date.at all, and is sufficient. 32 Ark. 215; 33 Id. 129; 38 Id. 524; 45 Id. 333; 66 Id. 559; 75 Id. 574; 92…

1Opinion of the CourtHart, J.

Mandy Plunter was indicted in the Perry Circuit Court for the crime of murder in the first degree. He was granted a change of .venue to Pulaski County, and was convicted before a jury of murder in the second degree; his punishment being assessed at a term of seven years in the State Penitentiary.

Plunter has duly prosecuted an appeal to this court. The only question raised by the appeal is as to the sufficiency of the indictment. The indictment was returned at the February -term, 1905, of the Perry Circuit Court, and the body of it reads as follows:

“The grand jury of Perry County, in the name…

2Cases cited3 opinions

  1. Conrand v. StateSupreme Court of Arkansas · 1898
  2. Grayson v. StateSupreme Court of Arkansas · 1909
  3. Carothers v. StateSupreme Court of Arkansas · 1905

3Cited by4 opinions

  1. Barnett v. StateSupreme Court of Arkansas · 1931
  2. Bennett v. StateSupreme Court of Arkansas · 1910
  3. Duncan v. StateSupreme Court of Arkansas · 1930
  4. McGill v. StateSupreme Court of Arkansas · 1945

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