Walker v. Fayetteville

• Decision Date: 31 January 1910
• Citation: 125 S.W. 412,93 Ark. 443
• Parties: WALKER v. FAYETTEVILLE
• Court: Arkansas Supreme Court

125 S.W. 412

93 Ark. 443

WALKER v. FAYETTEVILLE

Supreme Court of Arkansas

January 31, 1910

Appeal from Washington Circuit Court; J. S. Maples, Judge; affirmed.

Judgment affirmed.

W. L Stuckey, for appellant.

1. The evidence does not support the verdict.

2. Where public offenses are punishable by both fine and imprisonment, the statute does not confer jurisdiction upon police courts concurrent with justices of the peace. Dillon on Mun. Corp. (2 ed.), §§ 358, 359; Kirby's Dig. § 5626; Id. §§ 2081, 2082, 2086 2110, 2476, 5471, 5464, 5465; art. 2, §§ 7, 8 Const. Ark.; art. 8, § 49, Id.

OPINION

HART, J.

On the 7th day of August, 1909, George Walker was arrested by the chief of police of the city of Fayetteville, Arkansas, for disturbing the peace. He was tried and convicted before the police court, his punishment being fixed at a fine of $ 200 and six months' imprisonment in the county jail. Walker appealed to the circuit court, where he was tried before a jury, and again convicted, his punishment being assessed at a fine of $ 300 and six months imprisonment in the county jail. From the judgment rendered upon the verdict he has appealed to this court.

The affidavit for a warrant of arrest charged that George Walker was guilty of disturbing the peace within the corporate limits of the city of Fayetteville in violation of the statutes of the State of Arkansas.

Under section 2083 of Kirby's Digest, conferring on city and police courts concurrent jurisdiction with justice's courts of prosecutions for misdemeanors committed in the city, the mayor of a city has jurisdiction over offenses within the city in violation of the State statutes. Searcy v. Turner, 88 Ark. 210, 114 S.W. 472; McCall v. Helena, 86 Ark. 442, 111 S.W. 274; Barnett v. Malvern, 92 Ark. 483, 123 S.W. 759; Marianna v. Vincent, 68 Ark. 244, 58 S.W. 251.

In the case of McCall v. Helena, supra, the court held that under section 5634 of Kirby's Digest the police court shall have concurrent jurisdiction with the justices of the peace over all misdemeanors committed in violation of the laws of the State within the corporate limits of the city.

It is claimed by counsel for appellant that these cases are not authority in the present case because a part of the punishment in the present case was imprisonment in the county jail. We can not see how this affects the question of jurisdiction. The crime charged is a misdemeanor, and the statute expressly confers upon police courts the same jurisdiction to hear and determine such case as has a justice of the peace.

Next it is strongly insisted by counsel for appellant that the evidence is not sufficient to support the verdict. It is proved that some one on the 7th day of August, 1909, about 15 or 20 minutes after 11 o'clock in the night threw rocks against the doors and sides of the dwelling houses of some of the citizens of the city of Fayetteville, Arkansas, residing on Ralston Street. This is conceded by counsel for appellant, but they contend that the proof does not show that appellant committed the offense. The chief reliance for a conviction was upon the testimony of George Raedels and Arch Wright. Raedels testified that the first rocks were thrown by a man across the street from his house. That the man had on a black suit of clothes, was not in his shirt sleeves and was going north. The next rocks were thrown in a few minutes. Raedels said he saw the second man come down the street. Just as he got even with McLendon's, he threw a rock through his door. He was on the sidewalk, and when he got in front of Raedel's house he threw a rock through his transom, and Raedel shot. The man who threw the rocks ran south towards Dixon Street on which Mr. Scott's house faces. Raedels ran at once through Scott's back yard to the front of his house. Scott asked who threw the rocks. Just then a man turned the corner of Ralston Street into Dickson Street. Mr. Arch Wright, who was present, said that the man looked like George Walker. Raedels then said he was the man who threw the rocks, and that for the first time after Wright called his name, he recognized him as George Walker. Wright says that Raedels said to him and Scott: "There is the fellow that was throwing the rocks," and he replied: "Well, that looks like George Walker." He said the man had on a light hat, and was in his shirt sleeves. Wright said that he "would not swear that the man pointed out was George Walker." He further said: "To the best of my knowledge and belief, the man who Raedels said was the man who threw...