Legal Opinion

Robertson v. State

Supreme Court of Arkansas

Decided June 20, 1891PublishedCited by 4 opinions

APPEAL from Johnson Circuit Court. J. G. Wallace, Judge. 1. The testimony of appellant, if wilfully and corruptly false, was not material to the issue; it did not tend to prove the guilt or innocence of Davis. 2. Instruction .5 was error, and was not cured by any other instruction given. 3. There was no evidence to sustain the verdict. 4. There was a fatal variance between the indictment and proof. 2 Archb. Cr.

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APPEAL from Johnson Circuit Court. J. G. Wallace, Judge. 1. The testimony of appellant, if wilfully and corruptly false, was not material to the issue; it did not tend to prove the guilt or innocence of Davis. 2. Instruction .5 was error, and was not cured by any other instruction given. 3. There was no evidence to sustain the verdict. 4. There was a fatal variance between the indictment and proof. 2 Archb. Cr. PI. & Pr., 1723, and note. 1. Perjury may consist in false and corrupt testimony relating, not only to the main fact in issue, but also to material ■circumstances tending to prove the…

1Opinion of the CourtHughes, J.

The appellant was convicted of perjury in the .Johnson circuit court, filed a motion in arrest of judgment and a motion for a new trial which were overruled, to which he excepted and appealed.

The indictment charges in substance that, on the trial of Blair Davis in said Johnson circuit court, upon a charge of seduction of Nannie Walton, it was a material question whether the said Z.L. Robertson did, at the May term, 1889, of the circuit court of Johnson county, testify and give evidence before the grand jury that Blair Davis had told him, the said Z. L. Robertson, that he, the said Blair…

2Cases cited1 opinion

  1. People v. BarryCalifornia Supreme Court · 1883

3Cited by4 opinions

  1. McLaren v. StateCourt of Appeals of Georgia · 1908
  2. Scott v. StateSupreme Court of Arkansas · 1906
  3. State v. SmithSupreme Court of Louisiana · 1910
  4. Harris v. StateSupreme Court of Arkansas · 1915

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