Cooper v. State

Supreme Court of Arkansas

Decided January 15, 1860

Supreme Court of Arkansas · decided 1860-01-15

<p>An isfue of fact, to a plea in abatement of an indictment, should be tried by a jury, and not by the court.</p>

Relies on Wilson v. State · Bond v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1860-01-15

How this case has been cited

Cited by 4 later decisions — most recently November 1992

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Justice Compton

¶1delivered the opinion of the Court.

¶2This was an indictment for Sabbath breaking. The appellant pleaded in abatement, substantially as was pleaded in the case of Wilburn vs The State, decided at the present term; and upon the plea, an issue of fáet was made up and submitted, for trial, to the court sitting a jury.

¶3The court found the issue for the State, and rendered judgment against the appellant for fine and costs. This was error. The issue should have been tried by jury, as falling within the rule laid down by this court in Wilson vs. The State 16 Ark. 601; Bond vs. The State 17 Ark. 290.