Clower v. State
Supreme Court of Arkansas
Appeal from Lincoln Circuit Court; W. B. Borréis, Judge; The motion for continuance should have been sustained. Appellant had discharged every burden on him in order to have witness Roberts in court. 94 Ark. 538; 99 Ark. 394; 100 Ark. 133. The demurrer and motion to quash should have been sustained because the indictment was not filed in open eourt in the presence of all the grand jury. 19 Ark. 178; 24 Ark. 637; 31 Ark. 427; 33 Ark. 815; 93 Ark. 290. The indictment does not…
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Appeal from Lincoln Circuit Court; W. B. Borréis, Judge; The motion for continuance should have been sustained. Appellant had discharged every burden on him in order to have witness Roberts in court. 94 Ark. 538; 99 Ark. 394; 100 Ark. 133. The demurrer and motion to quash should have been sustained because the indictment was not filed in open eourt in the presence of all the grand jury. 19 Ark. 178; 24 Ark. 637; 31 Ark. 427; 33 Ark. 815; 93 Ark. 290. The indictment does not allege that W. EE. Roberts had authority to administer oaths. The mere fact that he was foreman of the grand jury in the…
1Opinion of the CourtHumphreys, J.
Appellant was indicted, tried and convicted of the crime of perjury in the Lincoln Circuit Court, and as punishment therefor adjudged to serve a term of one year in the State penitentiary. A demurrer was filed, attacking the sufficiency of the indictment on several grounds, which was overruled by the court. Appellant insists that each of the three following grounds set forth in his demurrer was a good and sufficient attack upon the indictment; first, that the indictment was not filed in open court in the presence of all the grand jury; second, that the indictment contained no averment that W.…
2Cases cited3 opinions
- Atkinson v. StateSupreme Court of Arkansas · 1918
- Thomas v. StateSupreme Court of Arkansas · 1888
- Lamb v. StateSupreme Court of Arkansas · 1918
3Cited by4 opinions
- Weiler v. United StatesSupreme Court of the United States · 1945
- Hammer v. United StatesSupreme Court of the United States · 1926
- Goins v. United StatesCourt of Appeals for the Fourth Circuit · 1938
- Goins v. United StatesCourt of Appeals for the Fourth Circuit · 1938