Legal Opinion

Scott v. State

Supreme Court of Arkansas

Decided January 13, 1906PublishedCited by 8 opinions

Appeal from Crawford Circuit Court; JepTha H. E/vans;; Judge; 1. The matters alleged as false were immaterial. 49 Ark. 179; 61 Ark. 599; 1 S. W. 465. The indictment fails to allege that the testimony was willfully, corruptly and falsely given, which was fatal error. 2 S. W. 137. 2. The court erred in failing to charge the jury that a conviction for perjury can not be had save on testimony of two credible witnesses, or one credible witness corroborated by other evidence as to…

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Appeal from Crawford Circuit Court; JepTha H. E/vans;; Judge; 1. The matters alleged as false were immaterial. 49 Ark. 179; 61 Ark. 599; 1 S. W. 465. The indictment fails to allege that the testimony was willfully, corruptly and falsely given, which was fatal error. 2 S. W. 137. 2. The court erred in failing to charge the jury that a conviction for perjury can not be had save on testimony of two credible witnesses, or one credible witness corroborated by other evidence as to the falsity of defendant’s statement on oath. 15 S. W. 174; 11 S. W. 485; 2 S. W. 465; 13 S. W. 869. 1. The court…

1Opinion of the CourtRiddick, J.

This is an appeal from a judgment convicting the defendant, Ed Scott, of the crime of perjury, and sentencing him to imprisonment in the penitentiary for the period of one year as punishment therefor.

The facts are that Ed„ Scott had been previously indicted for an assault with intent to kill one Garfield Cook by cutting him with a knife.. On the trial of that case he took the stand as a witness in his own behalf, and testified that he made no assault, and had no knife with him at the time. He was afterwards indicted for perjury, the indictment being based on his testimony that he had no…

2Cases cited3 opinions

  1. Wood v. . People of the State of N.Y.New York Court of Appeals · 1874
  2. White v. McCrackenSupreme Court of Arkansas · 1895
  3. Robertson v. StateSupreme Court of Arkansas · 1891

3Cited by8 opinions

  1. Webb v. StateSupreme Court of Arkansas · 1922
  2. Hobbs v. StateSupreme Court of Arkansas · 1908
  3. State v. CheeArizona Supreme Court · 1952
  4. State v. TerryIdaho Supreme Court · 1931
  5. Beavers v. StateSupreme Court of Arkansas · 1916

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