{
  "id": 1524414,
  "name": "Cooksey v. State",
  "name_abbreviation": "Cooksey v. State",
  "decision_date": "1907-12-09",
  "docket_number": "",
  "first_page": "485",
  "last_page": "487",
  "citations": [
    {
      "type": "official",
      "cite": "84 Ark. 485"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "37 Wis. 196",
      "category": "reporters:state",
      "reporter": "Wis.",
      "case_ids": [
        8706023
      ],
      "opinion_index": -1,
      "case_paths": [
        "/wis/37/0196-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 238,
    "char_count": 3026,
    "ocr_confidence": 0.681,
    "pagerank": {
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    "sha256": "1f5ecfe30edc83bc9da05ef2339383e27078cac704c70203ed50aa2f07176654",
    "simhash": "1:e23cf89256857f98",
    "word_count": 569
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  "last_updated": "2023-07-14T15:07:28.525494+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Cooksey v. State."
    ],
    "opinions": [
      {
        "text": "BatteE, J.\nThis prosecution was commenced before a justice of the peace by filing the following affidavit:\n\u201cState of Arkansas,\n\u201cCounty of Sevier.\n\u201cComes J. J. Jackson and states that on the 14th day of June, 1905, Frank Cooksey did then and there resist arrest by refusing and obstructing the service of a warrant upon him, the said J. J. Jackson, then and there being duly sworn and acting marshal of the town of Horatio. -\n\u201cJ. J. Jackson.\n\u201cSubscribed and sworn to before me this 14th day of June, 1905.\n[Signed] \u201cT. S. Tribble, J. P.\u201d\nand was taken to the circuit court of Sevier County by appeal. He was convicted in that court, and appealed.\nThe evidence against him was embraced in the testimony of the prosecuting witness, J. J. Jackson. He testified that about June, 1905, he was marshal of Horatio, and called on appellant, and demanded fifty cents scavenger fees, which he refused to pay. \u201cI reported his refusal to the mayor. The first time I went to Mr. Cooksey, he was running a drug store, and he wouldn\u2019t pay any attention to me, but said he went to a higher court. He walked in behind the counter and pulled out a drawer, and I told him \u2019twas no use to get contrary, to just go down there (to the mayor\u2019s c'ourt.) He wouldn\u2019t go, and I called in a couple of men, and then I had an understanding with him that he would come down there. Pie went on, but didn\u2019t come to court, and the next time I saw him he was in the butcher shop, and I went in there, and told him he hadn\u2019t gone, and that he must go, and he said I couldn\u2019t carry him, and I told him he was too large for me to \u2018tote.\u2019 He and his brother walked off: Later in the evening he came and sat down -by the blacksmith shop, and I walked up and said to him, \u2018Mr. Cooksey, you must go down to the court with me,\u2019 and he said, \u2018All right, I will go up and appear, but I don\u2019t want you to go with me,\u2019 and I said, \u2018All right.\u2019 He then got up and went to court.\u201d\nThere was no evidence of any attempt to arrest appellant, and consequently there was no resistance or an obstruction, to an arrest. The officer\u2019s effort seems to have been to persuade him to go of his own volition to court, and he finally agreed and did go.\nThere was no evidence to sustain the verdict of the jury.\nReverse and remand for a new trial.",
        "type": "majority",
        "author": "BatteE, J."
      }
    ],
    "attorneys": [
      "Otis T. Wingo, for appellant.",
      "William P. Kirby, Attorney General, and Dan\u2019l Taylor, for appellee."
    ],
    "corrections": "",
    "head_matter": "Cooksey v. State.\nOpinion delivered December 9, 1907.\nResisting arrest \u2014 sufficiency of evidence. \u2014 A conviction of resisting arrest will be set aside where the evidence shows that there was no attempt to arrest defendant.\nAppeal from Sevier Circuit Court; James S. Steel, judge;\nreversed.\nOtis T. Wingo, for appellant.\n1. The mere refusal to submit to arrest does not of itself constitute an offense, and the court should have so instructed the jury. 37 Wis. 196.\n2. It was the officer\u2019s duty to exhibit his warrant for making the arrest, and upon his refusal to do so, appellant had the right to refuse to submit to arrest, and even to resist it. Kirby\u2019s Digest, \u00a7\u25a0 2184.\nWilliam P. Kirby, Attorney General, and Dan\u2019l Taylor, for appellee."
  },
  "file_name": "0485-01",
  "first_page_order": 507,
  "last_page_order": 509
}