Legal Opinion

Beavers v. State

Supreme Court of Arkansas

Decided May 15, 1916PublishedCited by 3 opinions

Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; 1. The court did not inform appellant of his rights; that he did not have to testify against himself. 171 S. W. 862; 115 Ark. 390. 2. It was error to 'permit the justice to testify contradicting hd-s record. 159 S. W. 542; 89 S. W. 829. 3. The indictment is fatal -because it fails to allege that there was a game of dice played for money, or any other game, by Eason and Bryant. 91 Ark. 205; 1 Mich.

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Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; 1. The court did not inform appellant of his rights; that he did not have to testify against himself. 171 S. W. 862; 115 Ark. 390. 2. It was error to 'permit the justice to testify contradicting hd-s record. 159 S. W. 542; 89 S. W. 829. 3. The indictment is fatal -because it fails to allege that there was a game of dice played for money, or any other game, by Eason and Bryant. 91 Ark. 205; 1 Mich. N. P. 141. 4. The materiality of the matter assigned as perjury is for the determination of the court, and it is error if it be left to be…

1Opinion of the CourtHart, J.

Joe Beavers prosecutes this appeal to reverse a judgment of conviction against him for the crime of perjury. . The material facts are as follows:

On the 21st day of May, 1915, Arthur Bryant and Mansco Eason were seen by a constable gambling in the back of the ball park in the city of Malvern, Hot Spring County, Arkansas.

The constable testified that they were shooting dice for money and that Geo. Wheeler, Bud Posey and Joe Beavers were sitting down by them watching the game. The constable arrested Arthur Bryant and Mansco Eason and brought them to the office of D. M. Noble, a justice of the…

2Cases cited6 opinions

  1. Loudermilk v. StateSupreme Court of Arkansas · 1913
  2. Grissom v. StateSupreme Court of Arkansas · 1908
  3. Scott v. StateSupreme Court of Arkansas · 1906
  4. Claborn v. StateSupreme Court of Arkansas · 1914
  5. Barre v. StateSupreme Court of Arkansas · 1911

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. State v. FasanoSupreme Court of Connecticut · 1935
  2. State v. FailSupreme Court of Kansas · 1926
  3. State v. LeathermanSupreme Court of Arkansas · 1916

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