Loudermilk v. State
Supreme Court of Arkansas
Appeal from Logan Circuit Court, Southern District; Jeptha 3. Evans, Judge; STATEMENT BY THE COURT. Appellant was convicted for perjury and filed a motion in arrest of judgment in wbicb be alleged that tbe facts stated in tbe indictment did not Constitute a public offense. This motion was overruled and appellant was sentenced to a term in tbe penitentiary and be bas appealed. The indictment was as follows: State of Arkansas v. • Jesse Loudermilk.
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Appeal from Logan Circuit Court, Southern District; Jeptha 3. Evans, Judge; STATEMENT BY THE COURT. Appellant was convicted for perjury and filed a motion in arrest of judgment in wbicb be alleged that tbe facts stated in tbe indictment did not Constitute a public offense. This motion was overruled and appellant was sentenced to a term in tbe penitentiary and be bas appealed. The indictment was as follows: State of Arkansas v. • Jesse Loudermilk. The grand jury of Logan County and Southern District in the name and by the authority of the State of Arkansas, accuse Jesse Loudermilk of the crime…
1Opinion of the Court
Smith, J.,
(after stating the facts). Appellant makes numerous objections to this indictment, and if it was measured by the common law essentials of a good indictment for perjury, it is apparent that it would be defective for a number of reasons, but that prolixity, precision and technicality is no longer required. A statute of this State provides that:
“In indictments for perjury, it shall be sufficient to set forth the substance of the offense charged, and by what court or before whom the oath or affirmation was taken, averring such court or person to have competent authority to administer…
2Cases cited8 opinions
- Greene v. PeopleIllinois Supreme Court · 1899
- People v. EnnisCalifornia Supreme Court · 1902
- People v. De CarloCalifornia Supreme Court · 1899
- Buell v. StateSupreme Court of Arkansas · 1885
- Flint v. PeopleMichigan Supreme Court · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. KingOregon Supreme Court · 1940
- Atkinson v. StateSupreme Court of Arkansas · 1918
- Carter, Blevins and Burks v. StateSupreme Court of Arkansas · 1930
- Dover v. StateSupreme Court of Arkansas · 1924
- Beavers v. StateSupreme Court of Arkansas · 1916
6 more not listed; retrieve them via the Exa API.