{
  "id": 8721311,
  "name": "Jones v. The State",
  "name_abbreviation": "Jones v. State",
  "decision_date": "1883-11",
  "docket_number": "",
  "first_page": "93",
  "last_page": "94",
  "citations": [
    {
      "type": "official",
      "cite": "42 Ark. 93"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "33 Mo., 102",
      "category": "reporters:state",
      "reporter": "Mo.",
      "case_ids": [
        991979
      ],
      "opinion_index": 0,
      "case_paths": [
        "/mo/33/0102-01"
      ]
    }
  ],
  "analysis": {
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    "ocr_confidence": 0.49,
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    "simhash": "1:0123b36d87f3e208",
    "word_count": 433
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  "last_updated": "2023-07-14T15:26:49.915053+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Jones v. The State."
    ],
    "opinions": [
      {
        "text": "Smith, J.\nJones was convicted upon an indictment which charged him with a failure to work upon the public roads. He was subject to road duty; but he alleges that he had not received timely notice of the proposed working. The statute under which he was indicted (Gantt\u2019s Digest, sec. 5324) provides for \u201c at least three days\u2019 actual notice.\u201d He was warned late on Saturday evening to attend and work on the following Tuesday morning. The court charged that the notice was sufficient.\nSection 5648 of Gantt\u2019s Digest directs that when a certain number of days are required to intervene between two acts, the day of only one of the acts is to be counted. This is> the common practice everywhere. But it seems that when a statute requires notice of at least a certain number of days before a meeting, this means so many clear days ; that is, the day of notice and the day of meeting are both excluded from the computation. Such is the rule in England. The cases are collected in 1 Robinson\u2019s Practice, ch. 78, pp. 430-1; also in Bishop on Written Laws, p. 110.\nThe English rule was followed in O\u2019 Conner v. Towns, 1 Texas, 107. But in State v. Gasconade, 33 Mo., 102, the court, for the purpose of avoiding a forfeiture, departed from it; otherwise it would have been adhered to.\nThe defendant had but two full days\u2019 notice, when by law he was entitled to three.\nReversed and remanded for further proceedings.",
        "type": "majority",
        "author": "Smith, J."
      }
    ],
    "attorneys": [
      "\u00a3. R. Allen and T. M. Gibson, for appellant.",
      "G. B. Moore, Attorney General, for the State."
    ],
    "corrections": "",
    "head_matter": "Jones v. The State.\nTime : Computation of.\nWhen a certain number of days are required to intervene between two acts the day of one, only, of the acts is to be counted, but when a statute requires notice of at least a certain number of days before an act, this me^ns so many full days, and the day of the notice and the act are both excluded from the computation.\nAPPEAL from Yell Circuit Court.\nHon. G. S. Cunningham, Circuit Judge.\n\u00a3. R. Allen and T. M. Gibson, for appellant.\nThe use of the words \u201c at least\u201d means three clear days, as held in the English and Texas cases cited by the Attorney General.\nG. B. Moore, Attorney General, for the State.\n\"When a certain number of days are required to intervene between two acts, the day of only one of the acts may be counted. Gantt\u2019s Digest, see. 5648.\nBut in England and Texas it has been held that the words \u201c at least\u201d mean so many clear or full days. Robinson\u2019s Practice, vol. 1, ch. 78, pp. 430-1; 1 Texas, 107."
  },
  "file_name": "0093-01",
  "first_page_order": 91,
  "last_page_order": 92
}