Quertermous v. State
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; Eugene Lankford, Judge; 1. The indictment is bad for uncertainty and for failure to charge an offense.
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Appeal from Arkansas Circuit Court; Eugene Lankford, Judge; 1. The indictment is bad for uncertainty and for failure to charge an offense. Kirby’s Digest, § 1726; 80 Ark. 310. The statute must be strictly construed, and in order to make out a charge under it the language must state facts within its terms. 84 Ark. 136. Every material fact necessary to constitute an offense must be -stated with reasonable distinctness and precision. 12 Ark. 608; 29 Ark. 68; 38 Ark. 519; 43 Ark. 93; 47 Ark. 575; 80 Ark. 310. The charge that accused “falsely” swore to certain facts is insufficient; there must be…
1Opinion of the CourtMcCulloch, C. J.
Defendant, Frank Quertermous, was indicted by the grand jury of Arkansas County under the following statute: “Every person who, with the intent to defraud, shall make any false entry or shall falsely alter any entry made in any book of accounts by any banking corporation within this State, or in any book kept by such corporation or its officers, by which any pecuniary obligation, claim or credit shall be, or purport to be, discharged, diminished, increased, created or in any manner affected, shall, on conviction therof, be punished as for forgery.” Kirby’s Dig., § 1726.
The indictment is as…
2Cases cited6 opinions
- Carpenter v. StateSupreme Court of Arkansas · 1896
- Harding v. StateSupreme Court of Arkansas · 1910
- Hogue v. StateSupreme Court of Arkansas · 1910
- Ince v. StateSupreme Court of Arkansas · 1905
- State v. PeytonSupreme Court of Arkansas · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Agar v. StateIndiana Supreme Court · 1911
- State v. LindenWashington Supreme Court · 1932
- People v. KolowichMichigan Supreme Court · 1933
- Adams v. StateSupreme Court of Arkansas · 1929
- Palmer v. StateSupreme Court of Arkansas · 1919
3 more not listed; retrieve them via the Exa API.