Legal Opinion · Dissent

Kosier v. State

Supreme Court of Arkansas

Decided April 7, 1924Published

1DissentSmith, J.

In my opinion the demurrer to this indictment should have been sustained. It is usually sufficient to charge a statutory offense in the language of the statute; but this is not always true, and is not true where a more particular statement of facts is necessary to enable the accused to properly meet the accusation against him. State v. Graham, 38 Ark. 519; Houpt v. State, 100 Ark. 409; State v. Scott, 114 Ark. 38.

Here it was not sufficient to charge the offense in the language of § 2797, C. & M. Digest, because, as appears from the language of that section quoted in the majority opinion, the…

2Cases cited3 opinions

  1. Houpt v. StateSupreme Court of Arkansas · 1911
  2. State v. GrahamSupreme Court of Arkansas · 1882
  3. State v. ScottSupreme Court of Arkansas · 1914

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