Reese v. State

• Court: Arkansas Supreme Court
• Writing for the Court: MCCULLOCH, J.
• Citation: Reese v. State, 83 S.W. 918, 73 Ark. 235 (Ark. 1904)
• Decision Date: 03 December 1904
• Parties: REESE v. STATE

83 S.W. 918

73 Ark. 235

REESE v. STATE

Supreme Court of Arkansas

December 3, 1904

Appeal from Howard Circuit Court, JAMES S. STEEL, Judge.

Affirmed.

W. C Rogers, for appellant.

George W. Murphy, Attorney General, for appellee.

OPINION

MCCULLOCH, J.

The appellant, Reese, appeals from a judgment of conviction for the unlawful sale of intoxicating liquor. The case originated before a justice of the peace, where the defendant was convicted, and he appealed to the circuit court. His only defense is a plea of former conviction, which he supports by a record showing tat he was formerly convicted of the same offense and on the same testimony before the mayor of the town of Nashville, as an ex-officio justice of the peace, and appealed to the circuit court, where, on his motion, the cause was dismissed for want of jurisdiction because no affidavit or information had been filed before the mayor. In the former case, the cause was before the circuit court for trial de novo, and...