Public-domain · open source
OpenJurist

1 Ark. 147

Guess v. State

Supreme Court of Arkansas

Decided July 15, 1845

Supreme Court of Arkansas · decided 1845-07-15

This was an indictment against Russell Guess, charging him with an assault and battery upon W. Holland, determined in the circuit court of Independence county, at the August term, 1844, before the Hon. Tho’s Jonwsoisr, then one of the circuit judges. To which he pleaded, in abatement, that his name was not Guess but Gist. The State replied that he was as well known by the name of Guess as Gist, to which he took issue, and the case was submitted to the court sitting as a jury.

Decided 1845-07-15

Oldham, J.,

¶1delivered the opinion of the court.

¶2In this case, the defendant filed a plea in abatement, to which the State replied, and the court, by consent of parties sitting as a jury, found the issue for the State, and gave judgment against the defendant for costs. In cases of misdemeanors the judgment of the court upon a plea in abatement is final. 1 Chitty Cr. Law, 451. If the plea is found against the defendant, the jury, or the court, if the case is submitted to the court without a jury, should fix the penalty,and the judgment of the court should be in accordance with the Verdict.

¶3Inasmuch as the court only gave judgment for the costs without assessing and giving judgment for the fine, there is no final judgment from which an appeal will lie to this court. The case must therefore be dismissed to the circuit court, to be proceeded in to final judgment according to law.

/1/ark/147 · .json · Public domain