Gardner v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; Confesses error in the refusal of the court to give the eighth instruction asked by the defendant. 1. Since the indictment charges that the defendant was being tried upon both the charge of disorderly conduct and of carrying a pistol as a weapon, this was descriptive of the offense, and the State was bound to prove that defendant- was on trial on such charges at the time the alleged false testimony was given. 36…
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Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; Confesses error in the refusal of the court to give the eighth instruction asked by the defendant. 1. Since the indictment charges that the defendant was being tried upon both the charge of disorderly conduct and of carrying a pistol as a weapon, this was descriptive of the offense, and the State was bound to prove that defendant- was on trial on such charges at the time the alleged false testimony was given. 36 Ark. 55; 45 Ark. 62; 22 Ark. 251; 30 Ark. 131; 36 Ark. 188. 2. It is conclusively shown that the defendant was being tried…
1Opinion of the CourtMcCulloch, J.
Appellant, L. F. Gardner, was indicted for the crime of perjury, and from a judgment of conviction he appeals to this court. The Attorney General confesses error.
The indictment charged appellant with having testified falsely concerning a material matter in a judicial proceeding pending id the police court of Fort Smith wherein said city of Fort Smith was plaintiff and said Gardner was defendant “charged with having been guilty of disorderly conduct and with having carried a certain pistol- as a weapon in said city of Fort Smith.”
The evidence shows, both by the record of the police court and…
2Cases cited6 opinions
- State v. . PetersSupreme Court of North Carolina · 1890
- Maynard v. PeopleIllinois Supreme Court · 1890
- State v. LewisSupreme Court of Kansas · 1872
- Buell v. StateSupreme Court of Arkansas · 1885
- Strickland v. Little RockSupreme Court of Arkansas · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Asher v. City of Little RockSupreme Court of Arkansas · 1970
- City of Little Rock v. GriffinSupreme Court of Arkansas · 1948
- State v. DanielsSouth Dakota Supreme Court · 1916