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92 Ark. 483

Barnett v. Malvern

Supreme Court of Arkansas

Decided December 6, 1909

Supreme Court of Arkansas · decided 1909-12-06

H. Evans, Judge; The existence of a city ordinance must be proved. 80 Ark. 264; 68 Ark. 483. The mayor of a town has the same jurisdiction within its limits as a justice of the peace. Kirby’s Dig., § 2083; 68 Ark. 247; 88 Ark. 213.

Cited by 2 later decisions — most recently May 1913

2 state decisions

Relies on Boston Store v. Schleuter · Marianna v. Vincent · McCall v. Helena

Good law ✅— No negative treatment on recordhow we know

affirmed · Decided 1909-12-06

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Hart, J.

¶1H. Barnett was arrested, tried and convicted in the mayor’s court of the city of Malvern for the crime of assault and battery, alleged to have been committed on the person of Sam Henry within the city limits. He appealed to'the circuit court, where he was again convicted. He has appealed to this court from the judgment of the circuit court. He asks that the judgment be reversed solely because no ordinance of the city of Malvern making it unlawful to commit assault and battery was introduced in evidence. This was not necessary. The crime charged is made a misdemeanor by section 1584 of Kirby’s Digest.

¶2The mayor of a town or city has the same jurisdiction to hear and determine cases under the criminal laws of the State arising within the limits of such city as has a justice of the peace. Section 5634, Kirby’s Digest.

¶3The point has been expressly decided in the following cases: Searcy v. Turner, 88 Ark. 213; McCall v. Helena, 86 Ark. 442; Marianna v. Vincent, 68 Ark. 247.

¶4The judgment is therefore affirmed.

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