Jones v. State

Supreme Court of Arkansas

Jones v. State

15 S.W. 1026, 54 Ark. 371, 1891 Ark. LEXIS 61

DecidedApril 4, 1891

StatusPublished

This text of 15 S.W. 1026 (Jones 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

Jones v. State, 15 S.W. 1026, 54 Ark. 371, 1891 Ark. LEXIS 61 (Ark. 1891).

Pincite

Opinion

Cockrill, C. J.

The court charged the jury that where an offense is committed upon the boundary of two counties, or if it is uncertain where the boundary is, a conviction could be had in either county.

Venue.

There was no proof that the offense was committed upon the boundary line of two counties, nor does the proof disclose that there was any uncertainty about the location of the boundary line. The uncertainty was as to the place where the offense was committed, and as to that alone. The charge was therefore misleading. The case is controlled by the decision in State v. Rhoda, 23 Ark., 156.

Reverse the judgment and remand the cause for a new-trial.

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Cockrill, C. J.

The court charged the jury that where an offense is committed upon the boundary of two counties, or if it is uncertain where the boundary is, a conviction could be had in either county.

Venue.

There was no proof that the offense was committed upon the boundary line of two counties, nor does the proof disclose that there was any uncertainty about the location of the boundary line. The uncertainty was as to the place where the offense was committed, and as to that alone. The charge was therefore misleading. The case is controlled by the decision in State v. Rhoda, 23 Ark., 156.

Reverse the judgment and remand the cause for a new-trial.

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Bluebook (online)

15 S.W. 1026, 54 Ark. 371, 1891 Ark. LEXIS 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-state-ark-1891.