{
  "id": 1545447,
  "name": "Currie v. State",
  "name_abbreviation": "Currie v. State",
  "decision_date": "1910-03-21",
  "docket_number": "",
  "first_page": "240",
  "last_page": "241",
  "citations": [
    {
      "type": "official",
      "cite": "94 Ark. 240"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T20:31:43.945658+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Currie v. State."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nAppellant was convicted of felony at the October term, 1909, of the Jackson Circuit Court, and the circuit judge granted an appeal in vacation after the end of the term. The statute regulating appeals to the Supreme Court from judgments of conviction of felonies provides that an appeal may be granted by the \u201ccircuit court in which such conviction is had\u201d or 'by any judge of the Supreme Court \u201cif the court in which such conviction is had shall refuse to grant an appeal.\u201d Kirby\u2019s Digest, \u00a7 \u00a7 2588-89. The act of March 6, 1899, provides that appeals and writs of error in criminal cases must be taken within sixty days after the judgment of conviction. There is no authority in the statutes for an appeal to be granted by the circuit judge in vacation.\nIn this instance the circuit judge proceeded under the act of May 31, 1909, which provides in substance that where a verdict or decision is rendered within three days of the adjournment of a term of the circuit court, a motion for new trial, with alternative prayer for appeal, may be presented to the judge or chancellor of the district at any time within thirty days from the date of the verdict or decision, and that on presentation of the motion to such judge or chancellor, if he overrules the motion, he shall, by indorsement thereon, grant an appeal to the Supreme Court.\nThis statute amends a section of the Civil Code (Kirby\u2019s Dig., \u00a7 6218), and has no application to criminal cases. There is a separate provision in the Criminal Code regulating motions for new trial in criminal cases, and the amending act of 1909 does not affect it.\nThe appeal is therefore dismissed.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Gustave Jones, for appellant.",
      "Hal L. Norwood, Attorney General, for appellee."
    ],
    "corrections": "",
    "head_matter": "Currie v. State.\nOpinion delivered March 21, 1910.\n1. Appeal in felony case \u2014 by whom granted. \u2014 Under Kilby\u2019s Digest, \u00a7 \u00a7 2588-9, providing that appeals in felonies may -be granted by the circuit court or by any judge or judges of the Supreme Court, there is no authority for an appeal in such case to be granted by the circuit judge in vacation. (Page 240.)\n2. Criminal law \u2014 appeals.\u2014The act of May 31, 1909 (Acts 1909, p. 890), amending Kirby\u2019s Digest, \u00a7 6218, providing that where a verdict or decision is rendered within three days of the adjournment of a term of the circuit court, a motion for new trial with alternative prayer for appeal may be presented to the judge after term, has no application to criminal cases. (Page 241.)\nAppeal from Jackson Circuit Court; Charles Coffin, Judge;\nappeal dismissed.\nGustave Jones, for appellant.\nHal L. Norwood, Attorney General, for appellee."
  },
  "file_name": "0240-01",
  "first_page_order": 262,
  "last_page_order": 263
}