Harp v. State
Supreme Court of Arkansas
Appeal from Hogan Circuit Court. Jephtha H. Evans, Judge. STATEMENT BY THE COURT. The appellant was indicted twice, at the January term of the Bogan circuit court, for perjury.
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Appeal from Hogan Circuit Court. Jephtha H. Evans, Judge. STATEMENT BY THE COURT. The appellant was indicted twice, at the January term of the Bogan circuit court, for perjury. The assignment of perjury in the first indictment (omitting all formal parts) is that, on the trial of one Bill Harp for selling liquor, appellant testified ‘ ‘ that the defendant had not, in the county of Bogan, within one year next before the 11th day .of August, 1893, sold liquor, etc.,” to J. B. Womack, a minor, etc. In the second, the assignment is that the appellant, on the trial of one Bill Harp for selling…
1Opinion of the Court
Wood, J.,
1. Record on appeal treated as court below treated it.
(after stating the facts).
1. The first assignment of error is “the overruling defendant’s plea of former acquittal.” The State contends that the plea was not verified by the record. What is meant by “verification?” “An averment by the party making a pleading that he is prepared to establish the truth of the facts which he has pleaded.” “In pleading: literally, a making out to be true; an assertion of the ability of the pleader to prove the matter alleged in his plea.” Bouvier’s and Burrill’s Law Dictionaries. The old formula was:…
2Cases cited8 opinions
- People v. GoodwinNew York Supreme Court · 1820
- Young v. StateSupreme Court of Alabama · 1877
- Morgan v. StateSupreme Court of Alabama · 1886
- State v. WardSupreme Court of Arkansas · 1886
- Campbell v. StateSupreme Court of Alabama · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ogle v. StateCourt of Criminal Appeals of Texas · 1901
- S. B. McMaster, Inc. v. Chevrolet Motor Co.District Court, E.D. South Carolina · 1925
- State v. GeorgeWashington Supreme Court · 1915
- Moseley v. StateSupreme Court of Arkansas · 1975
- Jackson v. StateSupreme Court of Arkansas · 1909
2 more not listed; retrieve them via the Exa API.