{
  "id": 1873830,
  "name": "Phillips vs. The State",
  "name_abbreviation": "Phillips v. State",
  "decision_date": "1880-05",
  "docket_number": "",
  "first_page": "384",
  "last_page": "386",
  "citations": [
    {
      "type": "official",
      "cite": "35 Ark. 384"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "30 Ark., 166",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1881196
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/30/0166-01"
      ]
    },
    {
      "cite": "6 Ark., 165",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        8726874
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/6/0165-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 190,
    "char_count": 2585,
    "ocr_confidence": 0.462,
    "pagerank": {
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    "sha256": "2c28ca389510fb4c7e28552f4bae5d3d931828ce318819f5238e42738cf018da",
    "simhash": "1:27facef245ca5ec6",
    "word_count": 450
  },
  "last_updated": "2023-07-14T19:23:57.212153+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Phillips vs. The State."
    ],
    "opinions": [
      {
        "text": "Enslish, C. J.\nIndictment as follows :\n\u201cState oe Arkansas, against Enoch Brown, T. J. Phillips.\nIn the Phillips Circuit Court, November Term, 1879. Indictment.\n\u201cThe grand jury of Phillips county, in the name and by the authority of the state of Arkansas, accuse Enoch Brown and T. J. Hugs of the crime of horse-racing, committed as follows, viz.: \u25a0\n\u201cThe said Enoch Brown and T. J. Phillips, on the twelfth day of August, 1879, in the county aforesaid, then and there unlawfully did run a horse-race on a public highway, to-wit: on the lower Little Rock road, a public road of said county, against the peace,\u201d etc.\nA capias was issued upon the indictment against defendant T. J. Phillips, who was arrested, and gave bail for his appearance to answer the charge; and, accordingly, appeared, and filed a demurrer to the indictment, on the fol-lowing grounds:\n1. That the indictment is not direct and certain as to \u25a0the parties charged with having committed the offense.'\n2. It is otherwise vague and insufficient.\nThe court overruled the demurrer, and he waived arraignment, and entered the plea of not guilty, upon which he was tried, convicted, fined ten dollars, and appealed.\nThe indictment was preferred under see. 1 of the act of November 5,1875, making it a penal offense to run a horse-race on a public highway, or on the street of any town or city, etc. Acts of 1875, p. 8.\nThe objection made to the indictment is, that it charges the offense against Enoch Brown and T. J. Hugs, and not T. J. Phillips.\nThe style of the indictment is: The State of Arkansas v. Enoch Brown and T. J. Phillips; and in the charging part -of the indictment it is alleged that, \u201cthe said Enoch Brown and T. J. Phillips\u201d ran the horse-race. The name T. J. Hugs, as written in the formal commencement of the indictment, is manifestly ,a mere clerical misprision.\nIn The State v. Hand, 6 Ark., 165, relied on by counsel for appellant, there was a successful common law plea of misnomer, which is of no avail now under the Criminal Code procedure. The State v. Webster et al., 30 Ark., 166; Gantt\u2019s Dig., sec. 1785, p. 405.\nAffirmed.",
        "type": "majority",
        "author": "Enslish, C. J."
      }
    ],
    "attorneys": [
      "Palmer, for appellant.",
      "Henderson, Attorney General, contra."
    ],
    "corrections": "",
    "head_matter": "Phillips vs. The State.\nCriminal Pleading : Indictment: Wrong name in formal part of.\n\u25a0When in the style and charging part of an indictment the defendant\u2019s name is properly written, the substitution of a wrong name in the formal part does not vitiate it. The common law plea of misnomer is of no avail now under the Criminal Code procedure.\nAPPEAL from Phillips Circuit Court.\nHon. J. N. Cypert, Circuit Judge.\nPalmer, for appellant.\nHenderson, Attorney General, contra."
  },
  "file_name": "0384-01",
  "first_page_order": 382,
  "last_page_order": 384
}