Helt v. State

Decided November 15, 1889

Supreme Court of Arkansas · decided 1889-11-15

Elliott, Judge. The following indictment was returned by a grand jury into the Circuit Court of Lincoln County at a term thereof beginning on the 27th day of August, 1888, and held at the court house in Star City : “ IN THE LINCOLN CIRCUIT COURT, “August Term, 1888. “ State of Arkansas, v “J. S. Helt. “ The grand jury of Lincoln County, in the name and by the authority of the State of Arkansas, accuses J. S. Helt of the crime of carrying a weapon, committed as follows,…

Cited by 1 later decisions — most recently January 1903

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-11-15

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Per Curiam.

¶1Indictment : Presumption. The indictment recites simply that it was found in the Lincoln Circuit Court, at the August term, 1888, by the grand jury of Lincoln County, without specifying in which of the two districts of the county it was found. Without referring to the record entries to ascertain where the court •sat which empaneled the grand jury, it appears from the term at which the indictment was found, and date of the Clerk’s indorsement upon it, when it was received from the grand jury, that it was returned at a time when the Star City District of the court alone could legally be in session. It will therefore be presumed from the indictment itself, that it was returned by a grand jury legally empaneled in that district. See Cornelius v. State, 12 Ark., 799.

¶2The proof shows that the offense was committed in that district; the defendant was tried and convicted there; there is no other point made in the case, and the judgment will be affirmed.