43 Ark. 154 | Ark. | 1884
The State then offered in evidence the original subpoena and the officer’s return thereon to show that Shuffin was cited to appear before the Justice and testify against Dillingham alone and not against Royal. This also was excluded.
The State then offered to prove by Shuflin that, after he had been subpoenaed as a witness against Dillingham and while the examination of the charge was still pending, Mrs. Dillingham offered him at first $75 and after-wards $175 to absent himself from the court and not testify in said cause. But the evidence was ruled out. And the court directed the jury to return a verdict of not guilty and the defendant was discharged.
The variance between the indictment and the proposed proof, with regard to the style of the cause, was an extremely technical objection. After the severance of the accused and especially after the Justice had decided that there were no reasonable grounds for detaining Royal, the case stood against Dillingham only. That the Justice continued his entries under the original heading, was wholly immaterial.
Reversed and remanded with directions to require Mrs. Dillingham to plead to the indictment and for further proceedings.