State v. Hunter
Supreme Court of Arkansas
Appeal from Perry Circuit Court; Guy FulTc, Judge; The indictment is direct and certain as to the offense and circumstances thereof and states facts sufficient to constitute a public offense. It was error to sustain the demurrer. Kirby’s Digest, § § 2777, 2783, 2790, 2779-80, etc. 1. The demurrer was properly sustained. The certificate was not filed within the time prescribed.
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Appeal from Perry Circuit Court; Guy FulTc, Judge; The indictment is direct and certain as to the offense and circumstances thereof and states facts sufficient to constitute a public offense. It was error to sustain the demurrer. Kirby’s Digest, § § 2777, 2783, 2790, 2779-80, etc. 1. The demurrer was properly sustained. The certificate was not filed within the time prescribed. Kirby’s Digest, § § 2779, 2780; 42 Ark. 93; 52 Id. 265; 12 M. & W. 2; 62 Atl. 856; 4 Cyc. 366; 10 A. & E. Ene. L. (2 ed.) 638; 46 Pac. 457; 45 N. W. 996; 15 Cyc. 338. 2. The indictment was not properly authenticated.…
1Opinion of the CourtMcCULLOCH, C. J.
The defendants constituted the board of election commissioners for Perry County, and the indictment against them charges that they violated the election laws by suppressing the certificate of nomination of N. C. Harris as a candidate for sheriff at an election held in that county oil November 7, 1916. The court sustained a demurrer to the indictment, and the State has appealed. The statute under which the indict-mend was framed reads as follows:
“Every person who shall falsely make or fraudulently destroy any certificate of nominations, or any part thereof, or file any certificate of…
2Cases cited1 opinion
- Jones v. StateSupreme Court of Arkansas · 1883
3Cited by7 opinions
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- State Ex Rel. Hebert v. HallSupreme Court of Arkansas · 1958
- Williamson v. MontgomerySupreme Court of Arkansas · 1932
- Opinion No., Arkansas Attorney General Reports1990
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