Atkinson v. State
Supreme Court of Arkansas
Appeal from Miller Circuit Court; George R. Eaynie, Judge; 1. The indictment is neither direct nor certain. It does not negative the charge nor tell who plaintiff and defendant were.
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Appeal from Miller Circuit Court; George R. Eaynie, Judge; 1. The indictment is neither direct nor certain. It does not negative the charge nor tell who plaintiff and defendant were. It does not charge that the testimony was knowingly false. 2. It was error to refuse instructions Nos. 1 and 2. There were seven charges and only one witness and he was not corroborated by any testimony. 53 Ark. 395; 119 • Id. 408. 3. The verdict is not sustained by the evidence. 1. The indictment is good under the statute. 2. Instruction No. 1 was properly refused. It is too general and besides there was…
1Opinion of the CourtHart, J.
J. E. Atkinson prosecutes this appeal to reverse the judgment of conviction against him for perjury. It is contended by him that the court erred in not sustaining a demurrer to the indictment. The indictment is as follows:
‘ ‘ The grand jury of Miller county, in the name and by the authority of the State of Arkansas, on oath, accuse the defendant, J. E. Atkinson, of the crime of perjury, committed as follows, to-wit: The said defendant, on the 26th day of November, 1917, in Miller county, Arkansas, on his examination as a witness, in the circuit court of said county, to testify the truth, the…
2Cases cited6 opinions
- Allison v. StateSupreme Court of Arkansas · 1905
- State v. . BordeauxSupreme Court of North Carolina · 1885
- State v. TaylorSupreme Court of Missouri · 1907
- Loudermilk v. StateSupreme Court of Arkansas · 1913
- Lucius v. StateSupreme Court of Arkansas · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Pate v. StateSupreme Court of Arkansas · 1944
- Sharron v. United StatesCourt of Appeals for the Second Circuit · 1926
- Cohen v. United StatesCourt of Appeals for the Second Circuit · 1928
- Clower v. StateSupreme Court of Arkansas · 1922
- Smith v. StateSupreme Court of Arkansas · 1924
6 more not listed; retrieve them via the Exa API.