Kosier v. State
Supreme Court of Arkansas
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
- Houpt v. StateSupreme Court of Arkansas · 1911
- State v. GrahamSupreme Court of Arkansas · 1882
- State v. ScottSupreme Court of Arkansas · 1914