Crowder v. State

• Decision Date: 01 June 1901
• Citation: 63 S.W. 669,69 Ark. 330
• Parties: CROWDER v. STATE
• Court: Arkansas Supreme Court

63 S.W. 669

69 Ark. 330

CROWDER v. STATE

Supreme Court of Arkansas

June 1, 1901

Appeal from White Circuit Court, HANCE N. HUTTON, Judge.

Judgment affirmed.

J. P Roberts, for appellant.

Under the constitution a justice of the peace has jurisdiction over misdemeanors committed in any township of his county, Const Ark. art. 7, § 40. Cf. 35 Ark. 327. The jurisdiction of the justice was concurrent with that of the circuit court and his judgment was a bar to further prosecution. 34 Ark. 188. & H. Dig., § 2343, restricting pleas of guilty in misdemeanor cases to justice courts of the township where the offense was committed, is unconstitutional. Art. 7, § 40, Const. Ark.; 5 Ark. 534; 7 Ark. 173; 14 Ark. 545; 2 Ark. 440.

Jeff Davis, Attorney General, and Chas. Jacobson, for appellee.

The plea of guilty should have been before a justice of the township where the offense was committed. Sand. & H. Dig., § 2343.

OPINION

BUNN, C. J.

This is an indictment for gaming. There was a plea of former conviction, verdict of guilty, and judgment and sentence accordingly, from which the defendant appeals, after motion for new trial filed and overruled. The plea of former conviction is as follows, to-wit: "Comes A. H. Crowder, the above-named defendant, indicted as Gus Crowder, and files his plea of former conviction to the indictment herein, and says that he is not guilty as charged, because he says that heretofore, to-wit, on the 13th day of January, 1900, he pleaded guilty to said offense before Thomas Killem, a justice of the peace of Negro Hill township in White county, Arkansas, for playing "poker" in Red River township, White county, on the 9th day of January, 1900, which is the same identical game charged in the indictment herein as having been played on the 7th day of December, 1899; that he was fined by said justice of the peace for his said offense in the sum of $ 10 and the costs, which said fine and costs have long since been paid by the defendant; and that he is the same person named in said indictment as Gus Crowder, and the offense with which he is charged is the same for which he was punished as aforesaid. A copy of the judgment of said justice of the peace as aforesaid is herewith filed, marked 'Exhibit A,' and is made a part hereof. Wherefore the defendant prays judgment for his discharge." The following judgment was entered by said justice of the peace, to-wit: "Now on this the 13th day of January, 1900, comes H. A. Crowder, and enters his plea of guilty to gaming by playing "poker" in White county, Arkansas, on the 9th day of December, 1899, whereupon the court assessed a fine against him for said offense for $ 10, and, having no constable in Negro Hill township, said fine is charged against H. A. Crowder, constable of Red River township, in White county." It thus appears that ...