53 Ark. 337 | Ark. | 1890
Section 1755, Mansfield's Digest, requires a detailed statement of- all misdemeanors tried by justices of the peace to be made by them twice a year; section 5862, which was subsequently passed, requires a report from justices of the peace and other magistrates only of such cases as have resulted in the imposition of a fine or forfeiture. A violation of the first act was made a misdemeanor punishable by a fine of not less than $25 nor more than $50, while a violation of the second is. punished by a fine of not more than $500.- Digest, sec. 5872.
Kirk was indicted for failure to comply with section 1755. The proof showed that he filed a report conforming to the requirement of section 5862, but not answering to the demands of section 175 5 • The court ruled in effect that the second section repealed the first; Kirk was acquitted, and the State has appealed.
The question is, is the section on which the indictment is based in force?
Reverse the judgment, and remand the cause.