Claborn v. State
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. Appellant .appeals from a judgment of conviction for the crime of perjury.
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Appeal from Sevier Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. Appellant .appeals from a judgment of conviction for the crime of perjury. The indictment, omitting the caption, is as follows: “The said Oscar Claborn, in the county and State aforesaid, on the 27th day of January, 1914, on his examination as a witness before the grand 3ury, duly selected, impaneled, sworn and charged, to inquire in and for the body of the county of Sevier, at the January, 1914, term of the circuit court of said county, to which said grand jury R. A. Gilliam was duly appointed foreman and…
1Opinion of the Court
Wood, J.,
(after stating the facts). Section 2286 of Kirby’s Digest provides: “A demurrer is proper * * * Fifth. Where the indictment contains matter which is a legal defense or a bar to the prosecution.”
Here the indictment shows that a charge by the State of Arkansas against Oscar Claborn was pending before the grand jury, “and that the said Oscar Claborn was duly sworn to testify the truth, etc., concerning such charge. ’ ’
Article 2, section 8, of our Constitution provides: “Nor shall any person be compelled in any criminal case to be a witness against himself.”
This language of our…
2Cases cited2 opinions
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Dewein v. StateSupreme Court of Arkansas · 1914
3Cited by7 opinions
- State v. RobertsSupreme Court of Arkansas · 1921
- Balentine v. StateSupreme Court of Arkansas · 1976
- Warren v. StateSupreme Court of Arkansas · 1922
- Beavers v. StateSupreme Court of Arkansas · 1916
- Smith v. StateSupreme Court of Arkansas · 1924
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