Thomas v. State
Supreme Court of Arkansas
APPEAL from Randolph Circuit Court. James W. Butler, Judge. As to what an indictment should contain, see Mansf. Dig., sec. 2121., sub. 2d; as to certainty and form, 24 Ark., 591. It is vague and uncertain and therefore bad. The evidence shows that the clothes and coffin were furnished, and the witness as to value is uncorroborated by any testimony whatever, or any circumstances. See article in January No., 1888, Nat. Law Review, page 22. The indictment good. Mansf.
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APPEAL from Randolph Circuit Court. James W. Butler, Judge. As to what an indictment should contain, see Mansf. Dig., sec. 2121., sub. 2d; as to certainty and form, 24 Ark., 591. It is vague and uncertain and therefore bad. The evidence shows that the clothes and coffin were furnished, and the witness as to value is uncorroborated by any testimony whatever, or any circumstances. See article in January No., 1888, Nat. Law Review, page 22. The indictment good. Mansf. Dig., secs, 1704-5; 24 Ark., 594. It is sufficiently definite and certain. Mansf. Dig. secs. 2105-6-7 and note (EE) to sec. 2x05.…
1Opinion of the CourtBattle, J.
I. Perjury: Assigment in indictment. Appellant presented an account for allowance, to the Randolph county court, in which he charged the county of Randolph thirteen dollars for a coat, pants, vest and underclothing, and ten dollars for a coffin, furnished by him for the dressing and burial of the remains of Elijah Johnson, a poor and indigent person who died in the county. He appended an affidavit to the account, in which he swore that the amount charged was the cost of the same; that the coffin furnished was such as cabinet workmen usually sell for ten dollars; that the account was just;…
2Cases cited3 opinions
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- Larney v. MooneyCalifornia Supreme Court · 1875
- Feely v. ShirleyCalifornia Supreme Court · 1872
3Cited by8 opinions
- State v. StoreySupreme Court of Minnesota · 1921
- King v. StateSupreme Court of Georgia · 1898
- Grissom v. StateSupreme Court of Arkansas · 1908
- State v. GallaugherSupreme Court of Iowa · 1904
- Brooks v. StateSupreme Court of Arkansas · 1909
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