Read v. State
Supreme Court of Arkansas
Error to Phillips Circuit Court. H. N. Hutton, Judge. A plea of guilty to a bad indictment confesses no crime. 12 Ark. 170. The indictment is bad. Const. art. 2, sec. 8; 29 Ark. 147. There is a repugnancy between the instrument set out and the averments as to its purport, which is fatal. 32 Ark. 609; 37 id. 116; 5 id. 349, 350; 31 S. W. Rep. 377; 36 id. 947; 32 id. 899; ib. 983; 34 id. 921. Tenor imports an exact copy.
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Error to Phillips Circuit Court. H. N. Hutton, Judge. A plea of guilty to a bad indictment confesses no crime. 12 Ark. 170. The indictment is bad. Const. art. 2, sec. 8; 29 Ark. 147. There is a repugnancy between the instrument set out and the averments as to its purport, which is fatal. 32 Ark. 609; 37 id. 116; 5 id. 349, 350; 31 S. W. Rep. 377; 36 id. 947; 32 id. 899; ib. 983; 34 id. 921. Tenor imports an exact copy. Roscoe, Fv. title “Forgery,” 58 Ark. 242. The rule “ideip, sonans” has no application. The names are distinct and different in letters and sound. 5 Ark. 72; 6 id. 196; 3 Arch.…
1Opinion of the CourtBattle, J.
On the 29th day of October, 1895, Jim Read was indicted in the Phillips circuit court for forgery, in the following words and figures: “The grand jury of Phillips county, in the name and by the authority of the state of Arkansas, accuse John Read of the crime of forgery committed as follows, to wit: The said John Read, in the county aforesaid, on the 26th day of October, 1895, then and there, did unlawfully, wilfully and feloniously make, forge and counterfeit a certain paper writing, purporting to be an order from one Mose Dortch, to one Dee Pendergrass, payable to one Fred Brown, for the…
2Cases cited3 opinions
- Myers v. StateIndiana Supreme Court · 1885
- McClellan v. StateSupreme Court of Arkansas · 1877
- State v. BibbSupreme Court of Missouri · 1878
3Cited by2 opinions
- Teague v. StateSupreme Court of Arkansas · 1908
- Rawlings v. StateSupreme Court of Arkansas · 1915