Blevins v. State
Supreme Court of Arkansas
Appeal from Cleburne Circuit Court; Brice B. Hudgins, Judge; 1. It is not sufficient to charge that the appellant committed perjury by testifying that he had paid to one E. B. McGuire, administrator, etc., the sum of $445. He might in good faith have paid E. B. McGuire the money, and still under the indictment be convicted, unless he paid him as administrator. 54 Ark. 584; 51 Ark. 138; 24 Ark. 591. The indictment is further defective in failing to charge that he wilfully…
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Appeal from Cleburne Circuit Court; Brice B. Hudgins, Judge; 1. It is not sufficient to charge that the appellant committed perjury by testifying that he had paid to one E. B. McGuire, administrator, etc., the sum of $445. He might in good faith have paid E. B. McGuire the money, and still under the indictment be convicted, unless he paid him as administrator. 54 Ark. 584; 51 Ark. 138; 24 Ark. 591. The indictment is further defective in failing to charge that he wilfully swore falsely. 2 S. W. 137. 2. Before appellant could properly be convicted, it was incumbent on the State to produce…
1Opinion of the Court
McCurroch,'J.,
Appellant was convicted of the -crime of perjury, under the following indictment: ‘The grand jury of Cleburne County, in the name and by the authority of the State of Arkansas, accuse J. W. Blevins of the crime of perjury, committed as follows, towit: The said J. W. Blevins in the county and State aforesaid, on the 5th day of April, A. D. 1906, on his examination as a witness, after having, been duly sworn by B. Masingill, circuit clerk of said Cleburne County, Arkansas, who was authorized to administer such oath, to testify the truth, the whole truth and nothing but the truth…
2Cases cited2 opinions
- Sherrill v. StateSupreme Court of Arkansas · 1907
- Aubrey v. StateSupreme Court of Arkansas · 1896
3Cited by6 opinions
- Lisko v. UhrenSupreme Court of Arkansas · 1917
- Turner v. StateSupreme Court of Arkansas · 1922
- Clemons v. StateSupreme Court of Arkansas · 1921
- Teague v. StateSupreme Court of Arkansas · 1908
- Baker v. StateSupreme Court of Arkansas · 1908
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