State v. Graham
Supreme Court of Arkansas
APPEAL from Izard Circuit Court. Hon. E. H. Powell, Circuit Judge. STATEMENT. At the June term, 1881, of the Circuit Court of Izard county, the following indictment was found against the appellee: "State of Arkansas v. J. H. Graham Indictment for non-feasance in office.
Read the full summary
APPEAL from Izard Circuit Court. Hon. E. H. Powell, Circuit Judge. STATEMENT. At the June term, 1881, of the Circuit Court of Izard county, the following indictment was found against the appellee: "State of Arkansas v. J. H. Graham Indictment for non-feasance in office. The grand jury of Izard county, in the name and by the authority of the State of Arkansas, accuse J. H. Graham of the crime of non-feasance in office, committed as follows, to-wit: The said J. H, Graham on the twelfth day of March, A. D. 1881, in the county and State aforesaid, then and there being mayor of the incorporated…
1Opinion of the CourtHarrison, J.
The indictment did not set forth the means by which the defendant was informed that Cook had committed the alleged offense. It merely charged a legal conclusion, without setting forth the fácts from which it was drawn, or inferrable. An indictment should set forth the special matter of the whole fact, with such certainty that the offense may judicially appear to the court; and it is not enough to charge a conclusion of law. 1 Whar. Crim. Law, sec. 285.
The indictment here, it is true, follows the language of the Statute, Act of February 16th, 1875, “to prohibit the carrying of side arms and…
2Cited by15 opinions
- State v. JonesSupreme Court of Arkansas · 1909
- Johns v. StateIndiana Supreme Court · 1902
- Giles v. StateSupreme Court of Arkansas · 1935
- Holland v. StateSupreme Court of Arkansas · 1914
- Boles v. StateSupreme Court of Arkansas · 1893
10 more not listed; retrieve them via the Exa API.