State v. Nees
Supreme Court of Arkansas
APPEAL from Washington Circuit Court. Hon. J. M. Pittman, Judge. The indictment charges the appellee with perjury in willfully, feloniously and corruptly swearing falsely to a material matter, in a trial of a case before a justice of the peace, duly commissioned, acting and authorized to administer oaths, and having jurisdiction to try the case then pending. A demurrer to this indictment was sustained.
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APPEAL from Washington Circuit Court. Hon. J. M. Pittman, Judge. The indictment charges the appellee with perjury in willfully, feloniously and corruptly swearing falsely to a material matter, in a trial of a case before a justice of the peace, duly commissioned, acting and authorized to administer oaths, and having jurisdiction to try the case then pending. A demurrer to this indictment was sustained. It is submitted that the indictment was without defect of any kind, and fully complies with the requirements of Secs. 1703-5, Mansf. Dig., and the rule laid down in the case of the State v.…
1Opinion of the CourtCocicrill, C. J.
The appellee was indicted for perjury and demurred to the indictment. The demurrer was sustained and the state appealed.
1. Indictment: F or perjury— materiality of false testimony.
The introductory averments of the indictment are not clear and concise, and it contains a great deal that is clearly useless. A studied analysis of it, however, discloses all the elements of perjury that need be charged or proved. It sets out facts from which the court can see that O. L. Nees is charged with false swearing in a judicial proceeding before a justice of the peace ; that the justice had jurisdiction to…
2Cited by1 opinion
- Brooks v. StateSupreme Court of Arkansas · 1909