Smith v. State
Supreme Court of Arkansas
Appeal from Prairie Circuit Court; Eugene Lankford, Judge; 1. An assignment of perjury must specifically and without uncertainty of meaning designate the particulars wherein the matter sworn to was false. 54 Ark. 584; 59 Id. 113; 51 Id. 138; Bliss, Code PL, § 332. The alleged false testimony must appear to be material on the face of the indictment. 53 Ark. 395. 2. The materiality of the false testimony must be proved as alleged. 64 Ark. 474; 32 Id. 192; 30 Cyc. 1450. The…
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Appeal from Prairie Circuit Court; Eugene Lankford, Judge; 1. An assignment of perjury must specifically and without uncertainty of meaning designate the particulars wherein the matter sworn to was false. 54 Ark. 584; 59 Id. 113; 51 Id. 138; Bliss, Code PL, § 332. The alleged false testimony must appear to be material on the face of the indictment. 53 Ark. 395. 2. The materiality of the false testimony must be proved as alleged. 64 Ark. 474; 32 Id. 192; 30 Cyc. 1450. The evidence must more than counterbalance the oath of the prisoner and the legal presumption of innocence. 51 Ark. 138; 30…
1Opinion of the CourtBattue, J.
A1 Smith was' indicted for, and convicted of, perjury. Judgment was rendered against him on that conviction, and he appealed.
He demurred to the indictment, and his demurrer was overruled. So much of the indictment as is necessary to consider is as follows:
“And the said A1 Smith did then and there before said grand jury, upon the investigation of a charge against some persons to the grand jurors unknown for selling ardent liquors without license in the county, district and State aforesaid, on or about the 20th day of February, 1908, did then and there, under the sanction of said oath…
2Cases cited5 opinions
- Greene v. PeopleIllinois Supreme Court · 1899
- People v. EnnisCalifornia Supreme Court · 1902
- People v. De CarloCalifornia Supreme Court · 1899
- Flint v. PeopleMichigan Supreme Court · 1877
- Commonwealth v. McCartyMassachusetts Supreme Judicial Court · 1891
3Cited by9 opinions
- State v. IngelsWashington Supreme Court · 1940
- Ex Parte MetcalfCourt of Criminal Appeals of Oklahoma · 1913
- Balentine v. StateSupreme Court of Arkansas · 1976
- State v. SangWashington Supreme Court · 1935
- Smith v. StateSupreme Court of Arkansas · 1922
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