Quertermous v. State
Supreme Court of Arkansas
Appeal from. Arkansas Circuit Court, Northern District; Eugene Lanlcford, Judge; 1. Appellant had the right to rely upon the sheriff’s return as true, and since he did not discover the error until immediately before the trial, too late to procure either the attendance or the deposition of the absent witness, and since the testimony of Bradford was of the utmost importance to appellant, it was a manifest abuse of discretion to deny appellant’s motion for a continuance. 2. The…
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Appeal from. Arkansas Circuit Court, Northern District; Eugene Lanlcford, Judge; 1. Appellant had the right to rely upon the sheriff’s return as true, and since he did not discover the error until immediately before the trial, too late to procure either the attendance or the deposition of the absent witness, and since the testimony of Bradford was of the utmost importance to appellant, it was a manifest abuse of discretion to deny appellant’s motion for a continuance. 2. The indictment is fatally defective in that it does not set out the claim. 77 Ark. 537; 96 Ark. 101; 17 Am. & Eng. Ann.…
1Opinion of the CourtMcCulloch, C. J.
The charge in this case against appellant is forgery, in altering the indorsement of an administrator on a claim presented against the estate so as to show an allowance of the claim 'by the administrator, whereas the indorsement signed by the administrator was a disallowance of the claim. The indictment sets forth in hec verba the true indorsement signed by the administrator showing that the claim was “not allowed,” and also the altered indorsement showing that the word “not” had been erased. The claim itself is not set forth in the indictment, but is described as “Claim No. 5, A. B.…
2Cases cited9 opinions
- Stewart v. Wyoming Cattle Ranche Co.Supreme Court of the United States · 1888
- Polk v. StateSupreme Court of Arkansas · 1885
- Carpenter v. DresslerSupreme Court of Arkansas · 1905
- National Annuity Ass'n v. McCallSupreme Court of Arkansas · 1912
- Crossland v. StateSupreme Court of Arkansas · 1906
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3Cited by3 opinions
- State v. MeyerCourt of Appeals of Kansas · 1992
- Judkins v. StateSupreme Court of Arkansas · 1916
- Adkisson v. StateSupreme Court of Arkansas · 1920