Legal Opinion

Harrison v. State

Supreme Court of Arkansas

Decided January 9, 1904PublishedCited by 4 opinions

Appeal from Crawford Circuit Court. Jeptha H. Evans, Judge. STATEMENT BY THE COURT. Simon Harrison was indicted for forgery and uttering a forged instrument at the June term, *1903, of the Crawford circuit court. He was acquitted of the forgery, and convicted of uttering a forged instrument. He filed a motion for a new trial, which was overruled, to which he excepted and appealed to this court.

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Appeal from Crawford Circuit Court. Jeptha H. Evans, Judge. STATEMENT BY THE COURT. Simon Harrison was indicted for forgery and uttering a forged instrument at the June term, *1903, of the Crawford circuit court. He was acquitted of the forgery, and convicted of uttering a forged instrument. He filed a motion for a new trial, which was overruled, to which he excepted and appealed to this court. The instrument he is charged with uttering, as set out in the indictment, is in the following words and figures, towit: “Van Burén, Ark., 189 — . No. — . “Crawford county Bank pay to Jim Bairett or…

1Opinion of the CourtHughes, J.

(after stating the facts.) The court is of the opinion that the testimony in the case fails to show that the defendant was amenable to the law for uttering a forged instrument, as he was, as shown by the evidence, only of the age of thirteen years, and there was no evidence that he had sufficient intelligence to know right from wrong in relation to the offense with which he was charged. “An infant under 12 years of age shall not be found guilty of any crime or misdemeanor.” Sand. & H. Dig., §_ 4442.

The law presumed that a boy thirteen years of age is incapable of committing a crime, and it…

2Cases cited1 opinion

  1. Dove v. StateSupreme Court of Arkansas · 1881

3Cited by4 opinions

  1. Little v. StateSupreme Court of Arkansas · 1977
  2. State v. AdcoxSupreme Court of Arkansas · 1926
  3. Binganan v. StateSupreme Court of Arkansas · 1929
  4. Kear v. StateSupreme Court of Arkansas · 1907

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