Dudney v. StateDudney v. State
- Reporters:
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- Before:
- Wood
Thе following affidavit was made before a justice of the peаce, towit: “I, B. E. Greer, do solemnly swear that on the 7th day of January, 1918, аt the county aforesaid, one M. L. Dudney feloniously and wilfully committed the offense of transporting whiskey in the State of Arkansas, and pray а warrant for the arrest of the said M. L. Dudney. ’ ’ A warrant of arrest was issued whiсh, omitting formal parts, is as follows: “It appearing that M. L. Dudney has committed the offense of transporting whiskey into the State of Arkansas, in the county of Columbia, you are, therefore, commanded forthwith tо arrest him and bring him to me to be dealt with accordingly.” The appellant was arrested under the above warrant and carried before the justice and entered a plea of guilty.
On the 10th of January, 1918, judgmеnt was entered against the appellant in the sum of $100. Appellant attempted to appeal from this judgment to the circuit cоurt, and in that court he demurred to the affidavit, which demurrer was overruled. The cause was sent to the jury upon appellant’s pleа of not guilty. The jury returned a verdict finding the defendant guilty, assessing his punishment at a fine of $100. Appellant moved for a new trial, which was overruled, аnd also moved to arrest the judgment, which motion was overruled. Judgment was entered against the appellant assessing his fine at $100, from which is this аppeal.
In Stokes v. State, 122 Ark. 56, we held: “Where a defendant pleaded guilty to the charge in an information filed in a justice court, lie 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.” That case rules this.
In Fletcher v. State, 12 Ark. 169, on an indictment which failed to charge a public offense, the defendant entered a plea of guilty in the trial court and afterward brought error to this court. It was contended by the Attorney General in that case that the defendants below by their plea оf guilty waived all objections to the indictment, and we held otherwise, saying: “The defendants here but confess themselves guilty in manner and form as сharged against them in the indictment, and, if no offense against the law is сharged, they have not confessed themselves guilty of any. ’ ’ But, in the instant сase it was charged in the affidavit before the justice that the аppellant “feloniously and wilfully committed the offense of transрorting whiskey into the State of Arkansas.” The warrant recited ‘£ that M. L. Dudney hаs committed the offense of transporting whiskey into the State of Arkansas, in the county of Columbia.” This court has held that a defective stаtement in a warrant of arrest of the crime for which a defendant is prosecuted before a justice of the peacе, does not affect the subsequent proceeding. It has alreаdy performed its office in bringing the accused before the justice for trial. Watson v. State, 29 Ark. 299; Kinkead v. State, 45 Ark. 536; Cox v. Jonesboro, 112 Ark. 96.
The warrant need only describe in general terms the offense charged, and is sufficient if it brings the accused befоre the justice of the peace. Lismore v. State, 94 Ark. 207, 210; Tucker v. State, 86 Ark. 436. The warrаnt was sufficient to bring the appellant before the justice for trial for violating the law prohibiting the transporting of liquor into this State for another. He must have known, when he entered his plea of guilty, that the wаrrant was sufficient to put him upon trial for that offense, and, under the doctrine of Stokes v. State, supra, his appeal should have been dismissed.
The judgment is, therefore, reversed and the cause ‘’ is remanded with directions to the circuit court to dismiss appellant’s appeal to that court.