Clevenger v. State
Supreme Court of Arkansas
Appeal from Little River Circuit Court; J. 8. Lake, Judge; 1. The indictment should have been quashed on demurrer. It fails to allege that defendant was present in person or constructively; it fails to charge defendant as principal accessory before the fact or as accomplice and fails to specify by what manner or means defendant caused the alleged false entries to be made, or what influence or power was used, or that the cashier was under defendant’s power, authority or…
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Appeal from Little River Circuit Court; J. 8. Lake, Judge; 1. The indictment should have been quashed on demurrer. It fails to allege that defendant was present in person or constructively; it fails to charge defendant as principal accessory before the fact or as accomplice and fails to specify by what manner or means defendant caused the alleged false entries to be made, or what influence or power was used, or that the cashier was under defendant’s power, authority or orders, etc. Every material fact must be alleged. Nothing can be taken by intendment or by way of recital to supply the want…
1Opinion of the CourtMcCulloch, C. J.
Appellant was convicted on an indictment charging him with the statutory offense of causing to be made a false entry on the books of a certain bank. The indictment (omitting caption) reads as follows:
‘ ‘ The said W. E. Clevenger, in the county and State aforesaid, on the 31st day of March, 1917, did unlawfully, knowingly, wilfully and feloniously cause one W. W. Womack, the said W. W. Womack then and there being cashier of the Farmers’ & Merchants’ Bank, a banking corporation organized and existing under the laws of the State of Arkansas, and the said W. W. Womack then and there having…
2Cases cited2 opinions
- Coffin v. United StatesSupreme Court of the United States · 1895
- Holland v. StateSupreme Court of Arkansas · 1914
3Cited by2 opinions
- State v. Western Union Telegraph Co.Supreme Court of Arkansas · 1923
- Myers v. StateSupreme Court of Arkansas · 1925