Judkins v. State
Supreme Court of Arkansas
Appeal from Pope Circuit Court; M. L. Davis, Judge; 1. The demurrer to the indictment should have been sustained. (1) The indictment indefinitely charges two offenses. Kirby’s Digest, § § 1689, 2231; 96 Ark. 237; 50 Id. 427; 26 Id. 323; 94 Id. 226; (2) it charges no value. Kirby’s Dig., § 1689; 94 Ark. 242; 38 Id. 555; (3) it is vague indefinite and uncertain. Kirby’s Dig., § § 2227-2243. 2. The court should have required the State to elect.
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Appeal from Pope Circuit Court; M. L. Davis, Judge; 1. The demurrer to the indictment should have been sustained. (1) The indictment indefinitely charges two offenses. Kirby’s Digest, § § 1689, 2231; 96 Ark. 237; 50 Id. 427; 26 Id. 323; 94 Id. 226; (2) it charges no value. Kirby’s Dig., § 1689; 94 Ark. 242; 38 Id. 555; (3) it is vague indefinite and uncertain. Kirby’s Dig., § § 2227-2243. 2. The court should have required the State to elect. Kirby’s Dig., § 2230; 36 Ark. 55; 32 Id. 203; 48 Id. 94. 3. Instructions 1 and 2 given for the State were error. 'They are multifarious, vague and…
1Opinion of the Court
McCulloch, O. J.
Appellant was convicted under an indictment which charged him with obtaining from one J. M. Hoffman a promissory note in the sum of $300 and a certain chattel mortgage on personal property to secure the same, by virtue of a false representation concerning the value of other security given in lieu thereof. It is charged in the indictment that appellant was indebted to Hoffman in the sum of $370, evidenced by a promissory note for $350 and bearing 10 per cent, interest, and to secure the payment thereof he executed to Hoffman a chattel mortgage on his one-third interest in a…
2Cases cited2 opinions
- Smead v. ChandlerSupreme Court of Arkansas · 1903
- Quertermous v. StateSupreme Court of Arkansas · 1914
3Cited by8 opinions
- Bright v. StateCourt of Criminal Appeals of Oklahoma · 1943
- Anderson v. Citimortgage, Inc.Court of Appeals of Arkansas · 2014
- Brandes v. BarberCourt of Appeals for the Eighth Circuit · 1926
- Brown v. Mortgage Electronic Registration System, Inc.District Court, W.D. Arkansas · 2012
- Higgins v. StateSupreme Court of Arkansas · 1920
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