Ary v. State
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; R. E. Jeffery, Judge; 1. The indictment states a conclusion merely; the demurrer should have been sustained. The evidence was insufficient.
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Appeal from Lawrence Circuit Court, Eastern District; R. E. Jeffery, Judge; 1. The indictment states a conclusion merely; the demurrer should have been sustained. The evidence was insufficient. A conviction for forgery can not be upheld if another wrote the check. 2. The burden is on the State to show that, notwithstanding the misconduct of jurors, no prejudice resulted to the rights of the accused. / 1. The oral testimony as to what Mrs. McKiou testified on the examining trial was admissible; it was not necessary to introduce the written memorandum of her testimony. 84 Ark. 99; 33 Id. 272;…
1Opinion of the CourtMcCulloch, C. J.
Appellant was convicted of the crime of forgery. The indictment contained another count charging uttering a forged instrument; but, as he was convicted under the first count charging forgery, the other need not be further referred to. In the indictment appellant is accused of forging the name of his mother, Belle McKiou, to a check for the sum of $25, drawn on the Lawrence County Bank, of Walnut Ridge, Arkansas, payable to himself or to bearer. A demurrer was interposed, and in support of it appellant urges that the indictment is defective in that it contains no specific allegations to the…
2Cases cited1 opinion
- Bennett v. StateSupreme Court of Arkansas · 1907
3Cited by8 opinions
- Leggett v. StateSupreme Court of Arkansas · 1959
- Wright v. StateSupreme Court of Arkansas · 1928
- Lind v. StateSupreme Court of Arkansas · 1918
- Huckabee v. StateSupreme Court of Arkansas · 1927
- Philyaw v. StateSupreme Court of Arkansas · 1955
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