# State ex rel. Sargent v. Lewis

> Supreme Court of Arkansas · November 19, 1998 · 335 Ark. 188

URL: https://www.frixlaw.com/law-library/cases/7826834

## Case

- **Full name:** STATE of Arkansas, ex rel., Harold (Butch) Sargent v. Jack LEWIS, Municipal Judge for Clinton, Arkansas
- **Court:** Supreme Court of Arkansas
- **Decided:** November 19, 1998
- **Citations:** 335 Ark. 188; 979 S.W.2d 894; 1998 Ark. LEXIS 626
- **Precedential status:** Published
- **Opinion:** Concurrence by Brown
- **Judges:** Brown, Glaze, Newbern
- **Cited by:** 25 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/7826834

## Opinion text

Robert L. Brown, Justice, concurring. I agree with Justice Glaze’s analysis in his dissent that a violation of Ark. Code Ann. § 7-5-211 (Supp. 1997) may constitute a misdemeanor. I would affirm, however, for the reason that a municipal judge must be satisfied that there are reasonable grounds for arrest. Ark. R. Crim. P. 7.1(b); Ark. Code Ann. § 16-81-104 (a)(2) (1987). Here, the municipal judge was not so satisfied. Mandamus does not lie to control judgment calls by a magistrate such as we have in this case. For that reason, I concur in the result.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7826834. Public record. Not legal advice.