Supreme Court of Arkansas, 1985

Johnson v. State

Johnson v. State
Supreme Court of Arkansas · Decided April 1, 1985 · Grant, Newbern, Purtle
285 Ark. 347; 686 S.W.2d 443; 1985 Ark. LEXIS 1914

Counsel

Paul Petty, for petitioner., No response filed for respondents.

Johnson v. State

Dissenting Opinion

John I. Purtle, Justice,

dissenting. I would grant the writ because I think all parties are entitled to know whether they are trying a misdemeanor or a felony. The time and money saved is great if we hold that the offense is a misdemeanor. On the other hand, if we hold it is a felony no one is injured because all trial courts have plenty of cases to try without these. Needless to say an accused will not suffer harm unless he is being held in custody awaiting trial.

Newbern, J., joins in this dissent.

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