Legal Opinion

Grissom v. State

Supreme Court of Arkansas

Decided November 16, 1908PublishedCited by 8 opinions

Appeal from Columbia Circuit Court; George W. Hays, Judge; 1. When the indictment contains only one assignment, a failure to prove all the statement substantially as assigned is fatal. 48 S. W. 169; 9 Enc. of Ev. 775; 118 Ga. 330; 23 Neb. 436; 90 Mo. 530; 85 Ark. 195; 54 Id. 584. The variance was fatal. 2. A conviction for perjury cannot be sustained on the testimony of one witness; there must be corroborating facts and circumstances. 51 Ark. 140; 9 Enc. of Ev. 760 ; Greenl.…

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Appeal from Columbia Circuit Court; George W. Hays, Judge; 1. When the indictment contains only one assignment, a failure to prove all the statement substantially as assigned is fatal. 48 S. W. 169; 9 Enc. of Ev. 775; 118 Ga. 330; 23 Neb. 436; 90 Mo. 530; 85 Ark. 195; 54 Id. 584. The variance was fatal. 2. A conviction for perjury cannot be sustained on the testimony of one witness; there must be corroborating facts and circumstances. 51 Ark. 140; 9 Enc. of Ev. 760 ; Greenl. on Ev. (15 Ed.) vol. 1, § 257; 90 S. W. 223. There were none. 3. Materiality cannot be presumed; it must be proved. 32…

1Opinion of the CourtHiss, C. J.

Jack Grissom was indicted for the crime of perjury, alleged to have been committed on the trial of Abe Mallory, charged with arson in the Columbia Circuit Court, in that he falsely testified that he saw Abe Mallory “set fire to and burn a certain house, the property of one Antnia Grissom.” He was convicted, and has appealed.

I. It is alleged that there is a variance between the indictment and the testimony attributed to the defendant upon which the charge is founded, in that the evidence to sustain the charge does not conform to the charge in the indictment. The evidence was as follows: “Q. Do…

2Cases cited3 opinions

  1. Nelson v. StateSupreme Court of Arkansas · 1877
  2. Thomas v. StateSupreme Court of Arkansas · 1888
  3. Marvin v. StateSupreme Court of Arkansas · 1890

3Cited by8 opinions

  1. Bryant v. StateSupreme Court of Arkansas · 1945
  2. State v. BinkleySupreme Court of Arkansas · 1916
  3. Brooks v. StateSupreme Court of Arkansas · 1909
  4. Lamb v. StateSupreme Court of Arkansas · 1918
  5. Barre v. StateSupreme Court of Arkansas · 1911

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