Ark. Code Ann. » Title 16 Chapter 85
Arkansas Code Annotated

Ark. Code Ann. § 16-85-602 (2020)

Order of court upon indictment

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Upon an indictment's being found, if the defendant is not in custody or on bail the court shall forthwith make an order for process to be issued on the indictment, designating whether it shall be for arresting or summoning the defendant.

History. Crim. Code, § 141; C. & M. Dig., § 3041; Pope's Dig., § 3867; A.S.A. 1947, § 43-1103; Acts 2005, No. 1994, § 321.

Amendments. The 2005 amendment deleted “and, if it is for arresting the defendant and the offense charged is bailable, the sum in which he may be admitted to bail shall be fixed” from the end of this section.

Case Notes

Construction.

This statute is directory merely. State ex rel. Nixon v. Grace, 98 Ark. 505, 136 S.W. 670 (1911).

Applicability.

This section does not apply when the prosecution is by information. Beckwith v. State, 238 Ark. 196, 379 S.W.2d 19 (1964).

Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: Kroll v. Thomas, No. 4:19-cv-04018 (W.D. Ark. Jan. 31, 2020).
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Kroll v. Thomas, No. 4:19-cv-04018 (W.D. Ark. Jan. 31, 2020). · cites it 2× “See Ark. Code Ann. § 16-85-603 (providing model language for arrest warrants issued pursuant to indictments).”
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