State v. Smith
| Decision Date | 06 July 1903 |
| Citation | 75 S.W. 1081 |
| Parties | STATE v. SMITH. |
| Court | Arkansas Supreme Court |
Appeal from Circuit Court, Baxter County; Charles A. Phillips, Special Judge.
Will Smith was indicted for unlawfully permitting stock to run at large. Judgment discharging him was entered, and the state appeals. Reversed.
At the September term, 1902, of the Baxter circuit court, the grand jury returned against appellee and Polk Hall the following indictment, omitting the caption:
Appellee demurred to the indictment on the grounds: (1) That it did not state facts sufficient to constitute a public offense. (2) That it did not conform to the statute. The court sustained the demurrer, holding the law unconstitutional, and entered judgment discharging appellee, to which the state, by her prosecuting attorney, excepted. The state, by her prosecuting attorney, filed a motion for a new trial, and, on its being overruled, excepted and prayed an appeal, which was granted.
Geo. W. Murphy, Atty. Gen., for the State.
HUGHES, J. (after stating the facts).
The indictment in this case charges a violation of section 7234, Sand. & H. Dig., by the herding and grazing of cattle, and permitting them to run at large, upon the lands in this state, by a nonresident, a citizen of the state of Missouri. The defendant demurred to the indictment upon the ground that it did not state facts sufficient to constitute a cause of action, which demurrer was sustained by the court, over the objections of the defendant, to which he excepted, filed a motion for a new trial, which the court overruled, to which the defendant excepted and prayed an appeal to this court, which was granted.
Section 7234, Sand. & H. Dig., a violation of which the indictment charges, is as follows: "It shall be unlawful for a person or persons, not residents of this state, owning in part or in whole any stock whatever, to herd, graze, or permit to run at large any stock...
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... ... barbed wire fence constructed in all respects in compliance ... with section one (1) of an act of the Legislature of the ... State of Arkansas, entitled, "An act to make lawful a ... certain kind of fence in certain portions of Miller ... County," and approved. April 1, 1901, ... privileges and immunities clause. This contention was decided ... against the appellant in a similar case, State v ... Smith, 71 Ark. 478, 75 S.W. 1081 ... The ... next point is that the act is repugnant to section 25, ... article 5, of the ... ...
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Beattie v. State
...and consent of the defendant, he was guilty, and this we think was in accordance with the law. Kirby's Digest, § 7830; Smith v. State, 71 Ark. 478, 75 S.W. 1081. evidence on the part of the State, if true, showed clearly that defendant was guilty, while, if the testimony of the defendant wa......