State v. Chapman

• Court: Arkansas Supreme Court
• Writing for the Court: Wood
• Citation: State v. Chapman, 176 S.W. 315, 118 Ark. 601 (Ark. 1915)
• Decision Date: 03 May 1915
• Docket Number: (No. 356.)
• Parties: STATE v. CHAPMAN.

176 S.W. 315

STATE v. CHAPMAN.

(No. 356.)

Supreme Court of Arkansas.

May 3, 1915.

Appeal from Circuit Court, White County; J. M. Jackson, Judge.

An information was lodged by the prosecuting attorney against W. H. Chapman. From a judgment dismissing same, the State appeals. Affirmed.

Wm. L. Moose, Atty. Gen., John P. Streepey, Asst. Atty. Gen., and J. N. Rachels, of Searcy, for the State. S. Brundidge, Jr., of Searcy, for appellee.

WOOD, J.

This is an appeal from a judgment dismissing an information lodged by the prosecuting attorney against the appellee, charging him with the crime of Sabbath breaking. The record shows the following:

"After hearing the testimony of witnesses, the defendant, by his attorney, moved the court for a peremptory instruction instructing the jury to find the defendant not guilty, and thereupon the court peremptorily instructed the jury to find the defendant not guilty as charged in the affidavit, to which action of the court in peremptorily instructing the jury the plaintiff at the time excepted, and asked that her exceptions be noted of record, which was accordingly done, and thereupon the jury returned into court the following verdict: `We, the jury, find the defendant not guilty as charged in the affidavit.' It is accordingly considered, ordered, and adjudged by the court that the defendant go hence without day, and that the county of White pay all the costs of this prosecution, to which action and judgment of the court the plaintiff at the time excepted, asked that her...