State v. Simmons
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, JonesboroDistrict; J. F. Gautney, Judge; The court erred in sustaining the demurrer to the indictment. It is not necessary for the indictment to follow the language of the statute literally, but it is sufficient if it states the offense substantially in the language of the statute.
Read the full summary
Appeal from Craighead Circuit Court, JonesboroDistrict; J. F. Gautney, Judge; The court erred in sustaining the demurrer to the indictment. It is not necessary for the indictment to follow the language of the statute literally, but it is sufficient if it states the offense substantially in the language of the statute. Kirby’s Dig., § 2823; 77 Ark. 321; 93 Ark. 406; 94 Ark. 65; 97 Ark. 6; Kirby’s Dig., § § 2228, 2241-2-3; 102 Ark. 174; 100 Ark. 433, 414; 107 Ark. 36. 1. If section 2823, Kirby’s Digest, includes primary elections, we concede that it is sufficient to charge an offense; but a…
1Opinion of the CourtMcCulloch, C. J.
The ¡circuit court sustained a demurrer to an indictment ¡charging appellee with having-violated the election laws of the State while acting as a judge of a primary election by electioneering with a voter. The State has appealed.(1) The indictment was framed under a section of the general election law of the State which contains the following provisions: “No officer of election shall do any electioneering on election day. No person whomsoever shall do any electioneering in any polling room or within one hundred feet of any polling room on election day.” Kirby’s Digest, § 2823. The election at…
2Cited by12 opinions
- Smith v. StateSupreme Court of Arkansas · 2003
- Lawson v. StateSupreme Court of Arkansas · 1988
- Heikkila v. StateSupreme Court of Arkansas · 2003
- Lewis v. StateSupreme Court of Arkansas · 1952
- Savage v. HawkinsSupreme Court of Arkansas · 1965
7 more not listed; retrieve them via the Exa API.