Harris v. State
Supreme Court of Arkansas
Appeal from Union 'Circuit Court; C. W. Smith, Judge; 1. The materiality of the evidence on which, perjury is assigned, must be established by the evidence, and can not be left to presumption or influence. 32 Ark. 197; 32 Iowa 403; 99 Ark. 631; 64 Id. 474; 86 Id. 525, etc.
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Appeal from Union 'Circuit Court; C. W. Smith, Judge; 1. The materiality of the evidence on which, perjury is assigned, must be established by the evidence, and can not be left to presumption or influence. 32 Ark. 197; 32 Iowa 403; 99 Ark. 631; 64 Id. 474; 86 Id. 525, etc. The alleged false testimony was not material. 1. The court left it to the jury to say whether the testimony was material or not. 88 Ark. 115-118. 2. The State did show that the evidence was material, -and that appellant swore falsely. 53 Ark. 95; Oye. (Perjury), p. 1419, note 5, 657; Kirby’s Digest, § 1968; 110 Ark. 549,…
1Opinion of the CourtMcCulloch, C. J.
This is an appeal from :a judgment convicting the defendant, Grordy Harris, of the crime of perjury. The substance of the charge set forth in the indictment is that in a certain criminal case on trial in the circuit court of Union County, wherein one Hez McLemore was being tried upon the charge of grand larceny in stealing a cow, the property of C. H. Murphy, the defendant herein was sworn as a witness, and testified that he had sold one 'Cage McLemore'ten or eleven head of cattle ¡and no more, Whereas in truth, and in fact he had sold to Cage McLemore 20 or 21 head of cattle. It is alleged…
2Cases cited6 opinions
- McLemore v. StateSupreme Court of Arkansas · 1914
- Smith v. StateSupreme Court of Arkansas · 1909
- Scott v. StateSupreme Court of Arkansas · 1906
- Marvin v. StateSupreme Court of Arkansas · 1890
- Robertson v. StateSupreme Court of Arkansas · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Wright v. StateCourt of Criminal Appeals of Oklahoma · 1925
- Phillips v. StateSupreme Court of Arkansas · 1935