# Smith and Brown v. State

> Supreme Court of Arkansas · April 10, 1944 · 207 Ark. 104

URL: https://www.frixlaw.com/law-library/cases/3268275

## Case

- **Full name:** Smith and Brown v. State.
- **Court:** Supreme Court of Arkansas
- **Decided:** April 10, 1944
- **Citations:** 207 Ark. 104; 179 S.W.2d 185; 1944 Ark. LEXIS 623
- **Precedential status:** Published
- **Opinion:** Dissent by Robins
- **Judges:** McHaney, Robins
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3268275

## Opinion text

Robins, J.,
dissenting. The view I take of the evidence makes it unnecessary to determine whether the Act here involved is void for uncertainty or because of any conflict with the Constitution. Uncle]’ the Act and under the information on which appellants were tried it ■was necessary for the state to prove that appellants, either by threats or by force and violence, prevented R. A. Dickey from engaging in a lawful vocation.
Now, assuming that interfering with the doing of a particular piece of work by a person is preventing that person from engaging in the vocation of which that piece of work was a part, the evidence of Mr. Dickey does not establish that appellants, either by threats or by force and violence, prevented him from doing the painting. According to his testimony, appellants did not at any time make any threats, and no violence at all occurred until he announced his intention to call the officers, whereupon, as he testified, one or more of appellants assaulted him. This testimony, while sufficient to convict appellants of an unlawful assault, is not sufficient, in my opinion, to show guilt of the offense charged. I, therefore, respectfully dissent from the opinion of the majority.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3268275. Public record. Not legal advice.