The Sentinel=record., 1911-10-24
SID HOUPT MUST
 SERVE SENTENCE
SUPREME COURT uPHoLDs THE DECISION OF LOWER COURT
 IN THE CASE.
Had Been Convicted of Escape" and the Jury fixed His Punishment at s1 Fine and One Hour
 in Jail.


 ing of the jurN the supreme court yesterday declined to reverse the Garland, County Circuit Courts judg. ment of $1 fine and one hour in jail, assessed against Sid Houpt, the former sheriff 0. that county, on the charge of allowing Ben Murray to escape from jail while Murray was in in his custody on charge of mur- der.
 The court found no reversible er- TOT on any of the contentious brought forward by counsel for Houpt, and accordingly affirmel the judgment of the lower court.
 It was charged in the indictment that Houpt had allowed Murray to go at will on the streets of Hot Springs. although he had been held for murder on coroner's jury find- Ing in connection with the killing df Oscar Chitwool and had been re manied to the custody of the sheriff without bail, by the circuit court
 Murray had been deputy sheriff under Sheriff IIoupt
 It was reported. following the tragedy, that mob had oyerpower- ed the officers and hanged Chitwood in the jail yard but at the coroners hearing Murray was held h eonnec- ton with the affair.
 The state adduce1 testimony to show that, fater Murray had been remanded to jail following the re- fusal of the circuit court to allow bail, he went about frequently unat- tended, and at one time. it was de- clared, went out into the country a distance of ten miles to farm own ed by Houpt.
 Houpt was finally inflicted on a charge of allowing Murrap to es- cape, and the trial and conviction followed, the court fining him s1 % and sentencing him to an hour in ijaii. Following this conviction, he was removed rom office and another sheriff appointed. Houpt appealed to the supreme court attacking his conviction on several grounds, and also contending that he was not le- gally removed from the office of sher if.
 However, none of these contentious was sustained by the higher court It was contended. first. that the in, dictment was defective because it dhl not name the county in which the alleged offense occurred.
 | This, the court holds, was not pre- judicial or fatal. It was clear, says the court, that Murray was in the legal custody of Sheriff Houpt ant this was indicated by the indictment. iThe requirements of the statute rel ative to an indictment for voluntary escape were satisfactorily met.
 It was next contended that the facts diI not make out a case: thal they did not show that Houpt was Iguilty of the crime of voluntary es- lcape. The court holds that the fact. as adduced by the State, were suffi einet; that they tendeI to prove thai l Murray was in the custody of Houp' and that he was anowei, by the lat ter to go at will on numerous ocea sions. making the officer guilty win in the statute,
 Houpt also contended that it wa, not shown that, even If the prisoner did go at large at times, there wal lany intention to avofI trial; ttAi the prisoner, Murray, appeared fol trial and at no time showed dispo. sition to escape from the county. i The court holds that this is imma l terial; that the law is violated when Ian officer allows a prisoner to go at large. unattended, when such pris. oner has been remanied to his cus- tody without bail, no matter what the intent may be in the case. Tht violation of the law does not con- slider the intent in this case.
 The last contention by counsel fol Houpt was that he did not forget his ivfffice. anu that inc could not be ie- gally removed as sheriff of the coun- ty after his conviction below.
 The Supreme court says the re- moyal was justified by the convic- tion; that the statute governing the removal of an official includes mal- feasance In office and that the crime charged against the sheriff consti- tuted a malfeasance in office.
 Sid Houpt is a brother of Jake Houpt, the Garland County sheriff who was kiIlei in running fight with the Chitwood brother. George and Oscar, on the streets Of Hot Springs two years ago, at which time George Chifwood was htsnsaif irilIad