Johnson v. State
Supreme Court of Arkansas
APPEAL from Pope Circuit Court. Hon. W. D. Jacoway, Circuit Judge. The indictment failed in certainty in setting out the false pretenses. Gantt’s Digest, sees. 1780, 1837; 1. Ghitty Grim. Law, 140; Arch. Crim. Law, 289; 13 Wend., 322; Burrow v. The State, 12 Ark., 65. Compare the indictment with that in People v. Johnson, 12 John. (N..
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APPEAL from Pope Circuit Court. Hon. W. D. Jacoway, Circuit Judge. The indictment failed in certainty in setting out the false pretenses. Gantt’s Digest, sees. 1780, 1837; 1. Ghitty Grim. Law, 140; Arch. Crim. Law, 289; 13 Wend., 322; Burrow v. The State, 12 Ark., 65. Compare the indictment with that in People v. Johnson, 12 John. (N.. Y.) Bepts., p. 292 ; see, also, People v. Williams, 4 Hill (H. Y.), 9; People v. Babcock, 7 John. {N. Y.), 201; McKenzie v. The State, 11 Ark., 594. Defendant did not misrepresent his status. He was in the employment of Kiger. A naked lie is not necessarily a…
1Opinion of the CourtHarrison, J.
John Johnson was tried and convicted in the Pope circuit court, of obtaining goods under false pretenses, and his punishment assessed by the jury at two years’ imprisonment in the penitentiary. He moved for a new trial, which was refused, and then in arrest of judgment, and that motion was also overruled. He appealed.
The indictment was as follows :
“In the Pope Circuit Court,
“The State oe Arkansas') against John Johnson.
Indictment. Indictment.
The grand jury of Pope county, in the name and by the authority of the state of Arkansas, accuse John Johnson of a felony, committed as follows, to wit:
“…
2Cases cited1 opinion
- Colbert v. StateCourt of Appeals of Texas · 1876
3Cited by15 opinions
- Parker v. StateSupreme Court of Arkansas · 1911
- Underdown v. StateSupreme Court of Arkansas · 1952
- Lawson v. StateSupreme Court of Arkansas · 1915
- State v. CulbreathSupreme Court of Arkansas · 1902
- Lefler v. StateIndiana Supreme Court · 1899
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