State v. Roberts
Supreme Court of Arkansas
Appeal from Sharp Circuit Court; J. B. Baker, Judge; 1. The indictment is not defective, and it was error to sustain the demurrer to it.
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Appeal from Sharp Circuit Court; J. B. Baker, Judge; 1. The indictment is not defective, and it was error to sustain the demurrer to it. An indictment for perjury is sufficient when it alleges that the alleged perjured testimony was material, but does not specify how it was material. 110 Ark. 549; 97 Id. 203. In an indictment for perjury the false testimony for which the defendant is indicted may he shown by the indictment to be material, either by direct averment or by allegations from which the materiality appears. The rule of pleading is satisfied by a direct averment and with that the…
1Opinion of the CourtMcCulloch, C. J.
The State appeals from a judgment of the circuit court of the Northern District of Sharp County sustaining a demurrer to an indictment against David E. Roberts for the crime of perjury, alleged to have been committed by giving false testimony before the grand jury of said county in regard to certain matters then under investigation. The indictment, omitting the caption, reads as follows:
“That the said David E. Roberts, in the county and 'State aforesaid, on the 14th day of July, 1920, then and there on said day at the courthouse at Hardy, Sharp County, Arkansas, being the time and place for…
2Cases cited5 opinions
- Anderson v. StateSupreme Court of Arkansas · 1879
- Ex parte ButtSupreme Court of Arkansas · 1906
- State v. Bach Liquor Co.Supreme Court of Arkansas · 1899
- Greenwood v. StateSupreme Court of Arkansas · 1856
- Claborn v. StateSupreme Court of Arkansas · 1914
3Cited by9 opinions
- Rowe v. StateSupreme Court of Arkansas · 1955
- Cox v. StateSupreme Court of Arkansas · 1924
- Balentine v. StateSupreme Court of Arkansas · 1976
- Baker v. StateSupreme Court of Arkansas · 1928
- Warren v. StateSupreme Court of Arkansas · 1922
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