Legal Opinion

Mears v. State

Supreme Court of Arkansas

Decided October 21, 1907PublishedCited by 6 opinions

Appeal from Tittle River Circuit Court; James S. Steel, Judge; statement by the court. The grand jury of Tittle River County indicted E. A. Mears for making false entries in the books of a banking corporation as follows: “The grand jury of Little River County, in the name and by the authority of the State of Arkansas, accuse the defendant, E. A. Mears, of the crime of making false entries, committed as follows, viz: The said defendant, in county and State aforesaid, on the…

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Appeal from Tittle River Circuit Court; James S. Steel, Judge; statement by the court. The grand jury of Tittle River County indicted E. A. Mears for making false entries in the books of a banking corporation as follows: “The grand jury of Little River County, in the name and by the authority of the State of Arkansas, accuse the defendant, E. A. Mears, of the crime of making false entries, committed as follows, viz: The said defendant, in county and State aforesaid, on the 18th day of November, 1904, then and there being cashier of the First Bank of Winthrop, a corporation organized under the…

1Opinion of the Court

Battue, J.,

(after stating the facts). The indictment was sufficient, unless it be defective because it charged the defendant with two offenses; but this defect, if a defect, was waived by the failure to demur to it on that account. Ince v. State, 77 Ark. 426, 428.

The indictment was based upon 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 account by any banking corporation within this State, or in any book kept by such corporation, by which any pecuniary obligation, claim or credit shall be…

2Cases cited3 opinions

  1. Fleener v. StateSupreme Court of Arkansas · 1893
  2. Whipple v. TuxworthSupreme Court of Arkansas · 1907
  3. Ince v. StateSupreme Court of Arkansas · 1906

3Cited by6 opinions

  1. Richardson v. StateCourt of Appeals of Maryland · 1972
  2. Adams v. StateSupreme Court of Arkansas · 1929
  3. Pearrow v. StateSupreme Court of Arkansas · 1920
  4. Gramlich v. StateSupreme Court of Arkansas · 1918
  5. Harris v. StateSupreme Court of Arkansas · 1919

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