{
  "id": 1558179,
  "name": "Stokes v. State",
  "name_abbreviation": "Stokes v. State",
  "decision_date": "1916-01-17",
  "docket_number": "",
  "first_page": "56",
  "last_page": "58",
  "citations": [
    {
      "type": "official",
      "cite": "122 Ark. 56"
    }
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  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
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    {
      "cite": "108 Ark. 76",
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      "cite": "42 Ark. 110",
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    {
      "cite": "78 S. W. 640",
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      "cite": "108 Mass. 485",
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      "cite": "115 Mass. 151",
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      "reporter": "Mass.",
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      "cite": "96 Ark. 203",
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    {
      "cite": "12 Ark. 169",
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      "reporter": "Ark.",
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  "last_updated": "2023-07-14T19:24:16.829991+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Stokes v. State."
    ],
    "opinions": [
      {
        "text": "Hart, J.\nThe deputy prosecuting attorney of Washington County, Arkansas, filed an information before a justice of the peace of said county, charging the defendant, Harry G. Stokes, with the statutory crime of abandoning his wife and child. See Acts 1909, page 134.\nThe defendant entered a plea of guilty, and his punishment was fixed by the justice of the peace at a fine of $75 and imprisonment for sixty days in the county jail.\nWithin the time allowed by statute he prayed and was granted an appeal to the circuit court of Washington County. When his- case came -on for trial in the circuit\u2019 court he was permitted to withdraw his plea of guilty and to enter a plea of not guilty. He was tried and convicted in the circuit court and the jury fixed his punishment at a fine of \u00a1$350 and one years\u2019 imprisonment in the county jail.\nFrom the judgment of\u2019conviction the defendant prosecutes this appeal.\nThe circuit court should have dismissed the appeal of the defendant. The defendant entered his plea of guilty before the justice , of the peace. In doing so he confessed himself guilty in the manner and form as charged against him in the information.\nWhere the facts alleged in ani information or indictment do not constitute an offense, the defendant has lost nothing by pleading guilty, and on appeal may attack the indictment or information for the first time. Fletcher v. State, 12 Ark. 169.\nIn the instant case we have not set out the information. It was filed under Act 52 of the Acts of 1909 and charged the defendant with the crime of wife abandonment. It was substantially in the language of the act and no objection has been made or could be made as to its form.\nThe defendant pleaded guilty when he was arraigned before the justice of the peace and sentence was there pronounced against him. His plea of guilty as received by the court and recorded was an admission of any offense well charged in the information. Unless it was withdrawn by leave of the court there would be nothing left to be done but for the court to pass sentence upon him. The reason is that a plea of guilty is a formal confession of guilt before the court in which the defendant is arraigned, .and the court .can then only pass sentence as upon a verdict. State v. Wright, 96 Ark. 203; Clark\u2019s Criminal Procedure, pp. 373, 374.\nIn the case of Commonwealth v. Mahoney, 115 Mass. 151, the court held that a plaintiff who pleads guilty to a complaint in the municipal court and appeals to the superior court is not entitled to a trial by jury and that unless the plea is withdrawn by special leave of the court in which it is made, or a motion is interposed in arrest of judgment for legal defects apparent on the record, t'he commonwealth is entitled to have sentence passed. See, also, Commonwealth v. Winton, 108 Mass. 485, and 12 Cyc. 801.\nIt follows that the circuit court erred in not dismissing the appeal of the defendant and for that error the judgment will he reversed \u00a1and the appeal of the defendant from the justice of the peace court to the circuit court will he dismissed.\nIt is so ordered.",
        "type": "majority",
        "author": "Hart, J."
      }
    ],
    "attorneys": [
      "E. L. Matlock, for appellant.",
      "Wallace Davis, Attorney General, and Hamilton Moses, Assistant, for appellee."
    ],
    "corrections": "",
    "head_matter": "Stokes v. State.\nOpinion delivered January 17, 1916.\nCriminal procedure \u2014 plea of guilty in justice court \u2014 right of accused to appeal. \u2014 Where a defendant \u00a1plead guilty to the charge in an,information filed in a justice court, he can not appeal to the circuit court, and in the latter court, change his plea to that of not guilty, and seek a jury trial there.\nAppeal from Washington Circuit Court; J. S. Maples, Judge;\nreversed.\nE. L. Matlock, for appellant.\nThe offense is barred by limitation. The plea of guilty was entered without advice of counsel, and without knowledge whether he was guilty or not of a crime. An appeal is a \u00a1matter of right. Acts 1905, Act No. 151, \u00a7 1. The action in praying an appeal was a withdrawal of his plea of guilty. It was within the discretion of the court to permit the withdrawal of the plea of guilty and be tried upon, a plea of not guilty, li\u00e9 Ark. 234.\nWallace Davis, Attorney General, and Hamilton Moses, Assistant, for appellee.\n1. Wife abandonment is a continuing offense \u2014 a crime and the wife is a competent witness. Kirby\u2019s Digest, \u00a7 3092; 78 S. W. 640.\n2. The offense is not barred. Kirby\u2019s Digest, \u00a7 2107; 42 Ark. 110; 108 Ark. 76; 65 N. E. 1."
  },
  "file_name": "0056-01",
  "first_page_order": 80,
  "last_page_order": 82
}