The Government of Arkansas

The Government of Arkansas

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ... to prison. 83. Trial Of A Misdemeanor--When the time of trial arrives the defendant is required to enter his plea, that is, his answer to the charge. He may demur to the charge, that is, take the position that the charge made against him, even if true, does not constitute a public offence, or he may take the position that on account of some defect in some of the papers, or preliminary proceedings, the case ought to be dismissed, or he may plead that he has before been convicted or acquitted of the same offense, which, if true, bars any other prosecution for it. Whatever preliminary or dilatory pleas may be made, must be disposed of first, and if the defendant fails by any of them to secure his release, he must finally plead either "guilty" or "not guilty." If he pleads "guilty," his punishment is immediately assessed and trial is unnecessary, but if he pleads "not guilty," then the trial proceeds. If the trial is in a justice of the peace court, or in the circuit court, it is generally before a jury. After the selection of the jury, the prosecuting attorney, or the lawyer representing the state, will explain to the jury the nature of the case, and what the testimony on the part of the state will be. This is called "stating the case." Then the attorney for the defendant "states the case of the defendant," that is, tells what is the nature of the defense and what the testimony on the part of the defendant will be. Of course, before the time of trial, each side must have had time to have witnesses subpoenaed or warned to attend as witnesses. We have seen that a defendant is guaranteed the right of compulsory process to secure the attendance of witnesses in his own behalf. After the...show more

Product details

  • Paperback | 46 pages
  • 189 x 246 x 3mm | 100g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236890574
  • 9781236890573