Parker v. State
Supreme Court of Arkansas
Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; 1. The indictment does not state facts sufficient to constitute a public offense. It does not charge that defendant knowingly and wilfully, and with intent, etc.
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Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; 1. The indictment does not state facts sufficient to constitute a public offense. It does not charge that defendant knowingly and wilfully, and with intent, etc. Kirby’s Digest, § 1842, has been repealed, and if sustained at all it must be under section 1990, and still is defective for want of averment of intent, knowledge and wilfulness. 58 Ark. 98; 69 Id. 454; 112 Id. 282; Acts 1911, No. 76. 2. The court erred in its charge to the jury. The oral charge of the court was really a direction to find the defendant guilty — a directed…
1Opinion of the Court
HAET, J.,
(after stating the facts). The indictment in this case was returned under section 1990 of Kirby’s Digest. The section reads as follows: “It shall be unlawful for any officer of this State, or of any county, township, city or incorporated town in this State, or any deputy, clerk or other person employed by any such officer, having the custody or possession of any public funds, by virtue of his office or employment, to use any of such funds in any manner whatsoever for his own purpose or benefit, or to loan any of such funds to any person or corporation, whomsoever or whatsoever, or…
2Cases cited9 opinions
- State v. . RileySupreme Court of North Carolina · 1893
- Huffman v. StateSupreme Court of Alabama · 1856
- Konda v. United StatesCourt of Appeals for the Seventh Circuit · 1908
- State v. . GodwinSupreme Court of North Carolina · 1907
- Lueders' Ex'r v. Hartford Life & Annuity Ins.U.S. Circuit Court for the District of Eastern Missouri · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Collins v. StateSupreme Court of Arkansas · 1931
- McKeown v. StateSupreme Court of Arkansas · 1939
- Snead v. StateSupreme Court of Arkansas · 1918
- Davis v. StateCourt of Appeals of Arkansas · 1991
- Wylie v. StateSupreme Court of Arkansas · 1917
5 more not listed; retrieve them via the Exa API.