Howard v. State

Supreme Court of Arkansas

Howard v. State

82 S.W. 202, 72 Ark. 600, 1904 Ark. LEXIS 193

CourtSupreme Court of Arkansas

DecidedJuly 2, 1904

StatusPublished

Cited by3 cases

This text of 82 S.W. 202 (Howard v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Howard v. State, 82 S.W. 202, 72 Ark. 600, 1904 Ark. LEXIS 193 (Ark. 1904).

Pincite

Opinion

Wood, J.

In this case the order of the court removing appellant from office upon the filing of indictments for embezzlement and misdemeanor in office was erroneous, as, under :the Constitution, art. 7, § 27, and the act of March 9, 1877, only suspension from office follows upon the filing of the indictment. Removal follows upon conviction. But doubtless the court, meant suspension instead of. removal in his order and we will so construe it, since it is clear that, in view of the decision in Howard v. State, ante, p. 586, no prejudice results.

Affirm.

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Wood, J.

In this case the order of the court removing appellant from office upon the filing of indictments for embezzlement and misdemeanor in office was erroneous, as, under :the Constitution, art. 7, § 27, and the act of March 9, 1877, only suspension from office follows upon the filing of the indictment. Removal follows upon conviction. But doubtless the court, meant suspension instead of. removal in his order and we will so construe it, since it is clear that, in view of the decision in Howard v. State, ante, p. 586, no prejudice results.

Affirm.

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Bluebook (online)

82 S.W. 202, 72 Ark. 600, 1904 Ark. LEXIS 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-state-ark-1904.

Opinion

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