Jackson v. State
Supreme Court of Arkansas
Appeal from Greene Circuit Court; Prank Smith, Judge; The indictment is not clear and explicit enough to put defendant on notice. Nor does it allege that the affidavit on oath was such as the law authorizes. Kirby’s Dig. § § 4666, 1968; 54 Ark. 586; 24 Id. 595. It does not state that the affidavit was in writing. 2 Bish. Cr. Pr. § 912; 3 Wheeler, Cr.
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Appeal from Greene Circuit Court; Prank Smith, Judge; The indictment is not clear and explicit enough to put defendant on notice. Nor does it allege that the affidavit on oath was such as the law authorizes. Kirby’s Dig. § § 4666, 1968; 54 Ark. 586; 24 Id. 595. It does not state that the affidavit was in writing. 2 Bish. Cr. Pr. § 912; 3 Wheeler, Cr. Cas. 180; 2 Wharton, Prec. 590-1. Nor does it allege that the affidavit for appeal was filed within thirty days. 2. Descriptive matter in an indictment must be proved. 1 Bish. Cr. Prac. § 488. 3. To constitute perjury, the matter must be false…
1Opinion of the CourtHart, J.
The appellant, George M. Jackson was indicted by the grand jury of the circuit court for the Eastern District of Clay County for the crime of perjury. He obtained a change of venue to Greene County. In the circuit court of that county he was convicted, and his punishment fixed at one year in the State penitentiary. He has duly prosecuted an appeal to this court.
Perjury in this case is assigned upon an affidavit for appeal, made by appellant, from a judgment rendered against him by a justice of the peace. It is admitted that the affidavit was made-in the form provided by subdivision one of…
2Cases cited1 opinion
- Harp v. StateSupreme Court of Arkansas · 1894