Ark. Code Ann. § 16-85-403 (2026)

Case Notes

In General.

For cases discussing this section as it existed prior to the 1936 amendment, which rewrote the section, see Brittin v. State, 10 Ark. 299 (1850); Moffatt v. State, 11 Ark. 169 (1850); State v. Adams, 16 Ark. 497 (1855); Lemon v. State, 19 Ark. 171 (1857); Guest v. State, 19 Ark. 405 (1858); State v. Collins, 19 Ark. 587 (1858); Roberts v. State, 21 Ark. 183 (1860); Thompson v. State, 26 Ark. 323 (1870); Edwards v. State, 27 Ark. 493 (1872); Barton v. State, 29 Ark. 68 (1874); Dixon v. State, 29 Ark. 165, 1874 Ark. LEXIS 22 (1874); McPherson v. State, 29 Ark. 225 (1874); Lacefield v. State, 34 Ark. 275 (1879), overruled, Hobbs v. State, 86 Ark. 360, 111 S.W. 264 (1908)Questioned byLee v. State, 73 Ark. 148, 83 S.W. 916 (Ark. 1904); Johnson v. State, 36 Ark. 242, 1880 Ark. LEXIS 88 (1880); State v. Graham, 38 Ark. 519 (1882); State v. Springer, 43 Ark. 91 (1884); Shotwell v. State, 43 Ark. 345 (1884); Farmer v. State, 45 Ark. 95 (1885); Glass v. State, 45 Ark. 173 (1885); Reed v. State, 45 Ark. 333 (1885); State v. Frederick, 45 Ark. 347 (1885); Fortenbury v. State, 47 Ark. 188, 1 S.W. 58 (1886); State v. Withrow, 47 Ark. 551, 2 S.W. 184 (1886); State v. Kansas City, Springfield & Memphis R.R., 54 Ark. 546, 16 S.W. 567 (1891); Cleary v. State, 56 Ark. 124, 19 S.W. 313 (1892); La Rue v. State, 64 Ark. 144, 41 S.W. 53 (1897)Limited byBishop v. State, 73 Ark. 568, 84 S.W. 707 (Ark. 1905); Adams v. State, 64 Ark. 188, 41 S.W. 423 (1897); State v. Crawford, 64 Ark. 194, 41 S.W. 425 (1897); Keoun v. State, 64 Ark. 231, 41 S.W. 808 (1897); State v. Boyce, 65 Ark. 82, 44 S.W. 1043 (1898); Inman v. State, 65 Ark. 508, 47 S.W. 558 (1898); Boarman v. State, 66 Ark. 65, 48 S.W. 899 (1898); Houston v. State, 66 Ark. 120, 49 S.W. 351 (1899); Hampton v. State, 67 Ark. 266, 54 S.W. 746 (1899); State v. Mullins, 67 Ark. 422, 55 S.W. 211 (1900); State v. Williams, 68 Ark. 241, 57 S.W. 792 (1900); Saint Louis & S.F. Ry. v. State, 68 Ark. 251, 57 S.W. 796 (1900); Keeton v. State, 70 Ark. 163, 66 S.W. 645 (1902); State v. Culbreath, 71 Ark. 80, 71 S.W. 254 (1902); Green v. State, 71 Ark. 150, 71 S.W. 665, 1903 Ark. LEXIS 7 (1903); Carroll v. State, 71 Ark. 403, 75 S.W. 471 (1903); Halliburton v. State, 71 Ark. 474, 75 S.W. 929 (1903); State v. Ring, 77 Ark. 139, 91 S.W. 11 (1905); Richardson v. State, 77 Ark. 321, 91 S.W. 758 (1905); Sherrill v. State, 84 Ark. 470, 106 S.W. 967 (1907); Larimore v. State, 84 Ark. 606, 107 S.W. 165 (1907); Franklin v. State, 85 Ark. 534, 109 S.W. 298 (1908); Henderson v. State, 91 Ark. 224, 120 S.W. 966 (1909); Williams v. State, 93 Ark. 81, 123 S.W. 780 (1909); St. Louis, I.M. & S. Ry. v. State, 90 Ark. 609, 128 S.W. 1199 (1909); Harding v. State, 94 Ark. 65, 126 S.W. 90 (1910); State v. Lester, 94 Ark. 242, 126 S.W. 846 (1910); Pearce v. State, 97 Ark. 5, 132 S.W. 986 (1910); Parker v. State, 98 Ark. 575, 137 S.W. 253 (1911); Petty v. State, 102 Ark. 170, 143 S.W. 1067 (1912); Fox v. State, 102 Ark. 393, 144 S.W. 516 (1912); Ray v. State, 102 Ark. 594, 145 S.W. 881 (1912); Kreider v. State, 103 Ark. 438, 147 S.W. 449 (1912); Wolfe v. State, 107 Ark. 33, 153 S.W. 1102 (1913); Halley v. State, 108 Ark. 224, 158 S.W. 121 (1913); Hughes v. State, 109 Ark. 403, 160 S.W. 209 (1913); Holland v. State, 111 Ark. 214, 163 S.W. 781 (1914); State v. Bunch, 119 Ark. 219, 177 S.W. 932 (1915); State v. Haller, 119 Ark. 503, 177 S.W. 1138 (1915); State v. Seawood, 123 Ark. 565, 186 S.W. 72 (1916); McNeil v. State, 125 Ark. 47, 187 S.W. 1060 (1916); State v. Bond, 151 Ark. 203, 235 S.W. 801 (1921); State v. Mason, 155 Ark. 189, 244 S.W. 6 (1922); Dooms v. State, 164 Ark. 50, 260 S.W. 708 (1924); Spears v. State, 173 Ark. 1071, 294 S.W. 66 (1927); Harrell v. State, 177 Ark. 505, 7 S.W.2d 23 (1928); Calhoun v. State, 180 Ark. 397, 21 S.W.2d 606 (1929); Bramlett v. State, 184 Ark. 808, 43 S.W.2d 364 (1931); Green v. State, 185 Ark. 1098, 51 S.W.2d 511 (1932); Kansas C. S. R. Co. v. State, 194 Ark. 80, 106 S.W.2d 163 (1937); Tucker v. State, 194 Ark. 528, 108 S.W.2d 890, 1937 Ark. LEXIS 375 (1937).

The requirements for informations and indictments are set out in this section and Ark. Const., Art. 7, § 49. Archer v. Benton County Circuit Court, 316 Ark. 477, 872 S.W.2d 397 (1994).

Bill of Particulars.

Denial of request for bill of particulars was held not error where information filed set out in detail the acts upon which the state relied for a conviction and contained all requirements of former statute to make a good indictment had it been returned by a grand jury. Brockelhurst v. State, 195 Ark. 67, 111 S.W.2d 527 (1937).

Allegations of information or indictment held sufficient in the absence of motion for a bill of particulars. Craig v. State, 195 Ark. 925, 114 S.W.2d 1073 (1938); Jackson v. State, 226 Ark. 731, 293 S.W.2d 699 (1956).

If defendant desires details more specific than those set out in the information, he can file a motion for a bill of particulars. Smith v. State, 231 Ark. 235, 330 S.W.2d 58 (1959); Parker v. State, 265 Ark. 315, 578 S.W.2d 206 (1979); David v. State, 295 Ark. 131, 748 S.W.2d 117 (1988).

In a trial on an indictment for murder, it was not necessary for the defendant to request a bill of particulars in order to be entitled to an instruction on the degrees of homicide where the state elected from the start to charge him with premeditated murder rather than murder in the commission of a felony. Bosnick v. State, 248 Ark. 846, 454 S.W.2d 311 (1970).

Where request for a bill of particulars was specifically made by defendants it was prejudicial error to fail to furnish them with a bill of particulars. Bliss v. State, 282 Ark. 315, 668 S.W.2d 936 (1984).

The prosecuting attorney did not commit reversible error by failing to file a bill of particulars stating what act the state would rely upon at trial to prove the crime, where the information set out in detail the act upon which the state would rely for a conviction and contained all of the necessary requirements and the defendant failed to demonstrate how he was prejudiced by the state's technical failure to file a formal answer to the defendant's motion for a bill of particulars. Speer v. State, 18 Ark. App. 1, 708 S.W.2d 94 (1986).

Trial court has some discretion under this section in granting motions for a bill of particulars. Cope v. State, 292 Ark. 391, 730 S.W.2d 242 (1987).

County.

Erroneous allegation of county wherein offense was committed where accused was tried in county in which the testimony showed the offense was committed was not prejudicial. Meador v. State, 201 Ark. 1083, 148 S.W.2d 653 (1941).

Criminal Intent.

In a prosecution for murder, it is not necessary to allege and prove “premeditation” where the indictment charges that the crime was committed while attempting robbery. Noble v. State, 195 Ark. 453, 112 S.W.2d 631 (1938).

Allegations in bribery indictment were sufficient as in accord with the statute, though no allegation was made that city attorney received the bribes with that intent that bribes would influence his decisions. Rowland v. State, 213 Ark. 780, 213 S.W.2d 370 (1948), cert. denied, 336 U.S. 918, 69 S. Ct. 641, 93 L. Ed. 1081 (1949).

Form.

Subsection (b) of this section is applicable to charging any crime other than that of murder. Baker v. State, 199 Ark. 1005, 137 S.W.2d 938Certiorari or review denied by311 U.S. 666, 61 S. Ct. 25 (1940).

Form of information charging first degree murder held sufficient. Thompson v. State, 205 Ark. 1040, 172 S.W.2d 234 (1943)Questioned byRussell v. State, 240 Ark. 97, 398 S.W.2d 213 (1966).

In a trial for murder on an indictment in the form prescribed in this section, in which the state elected to charge the defendant with premeditated murder rather than murder in the commission of a felony, it was error to refuse an instruction on the degrees of homicide. Bosnick v. State, 248 Ark. 846, 454 S.W.2d 311 (1970).

Indictment clearly appraised defendant of the crime charged and amendment of the indictment to add certain words was simply a matter of form, which did nothing to change the nature of the crime otherwise charged. Owen v. State, 263 Ark. 493, 565 S.W.2d 607 (1978).

Offense Charged.

Although an information is drawn in the language of a particular section of the statute and that section is not applicable, if, by reasonable construction, the language of the information charges an offense against the laws of the state under another provision of the statutes, the proceeding should not be nullified. Baker v. State, 200 Ark. 688, 140 S.W.2d 1008 (1940).

Where defendant tried for first degree murder was found guilty of second degree murder, he was in no position to complain that the information charged elements that would not support first degree murder but only second degree murder. Brewer v. State, 251 Ark. 7, 470 S.W.2d 581 (1971).

It was not necessary for the information to include a statement of the act constituting the offense where the only crime charged was assault with the intent to kill. Ridgeway v. State, 251 Ark. 157, 472 S.W.2d 108 (1971).

Accused may be convicted of lesser offense, under proper instructions when charged with the greater offense, but he cannot be convicted of a felony when only charged with a misdemeanor. Scoggins v. State, 258 Ark. 749, 528 S.W.2d 641 (1975).

Indictment for conspiracy to obtain money by false pretenses need not include statement of acts constituting offense. Owen v. State, 263 Ark. 493, 565 S.W.2d 607 (1978).

This section does not require that the penalty of the alleged offense be included in the information. Workman v. State, 267 Ark. 103, 589 S.W.2d 20 (1979).

It is only necessary that the indictment name the offense and the party to be charged; the state is not required to include a statement of the act or acts constituting the offense, unless the offense cannot be charged without doing so. David v. State, 295 Ark. 131, 748 S.W.2d 117 (1988).

Sufficiency.

Information or indictment held sufficient. Johnson v. State, 199 Ark. 196, 133 S.W.2d 15 (1939); Robbins v. State, 219 Ark. 376, 242 S.W.2d 640 (1951); Castle v. State, 229 Ark. 478, 316 S.W.2d 701 (1958); Smith v. State, 231 Ark. 235, 330 S.W.2d 58 (1959); England v. State, 234 Ark. 421, 352 S.W.2d 582 (1962); Snider v. State, 242 Ark. 728, 415 S.W.2d 53 (Ark. 1967); Estes v. State, 246 Ark. 1145, 442 S.W.2d 221 (1969); Houpt v. State, 249 Ark. 485, 459 S.W.2d 565 (Ark. 1970); Williford v. State, 252 Ark. 397, 479 S.W.2d 244 (1972); Henderson v. State, 255 Ark. 870, 503 S.W.2d 889 (1974); Haynie v. State, 257 Ark. 542, 518 S.W.2d 492 (1975); Fortner v. State, 258 Ark. 591, 528 S.W.2d 378 (1975); Beard v. State, 269 Ark. 16, 598 S.W.2d 72 (1980); Browning v. State, 274 Ark. 13, 621 S.W.2d 688 (1981); Drew v. State, 8 Ark. App. 120, 648 S.W.2d 836 (1983).

State did not need to track the language of § 5-13-211 in order to charge defendant because merely citing the statute was sufficient; the state did not need to amend the information because it correctly cited the statute that defendant was charged with violating, and the additional language in the information was in the nature of explanatory text that was superfluous and did not make it fatally defective such as to warrant reversal. Barnes v. State, 94 Ark. App. 321, 230 S.W.3d 311 (2006).

Title.

The word “title” as used in this section, relates to the authority under which the proceeding is brought and not to ownership of property alleged to have been stolen. Mitchell v. State, 205 Ark. 596, 169 S.W.2d 867 (1943).

Cited: Budd v. State, 198 Ark. 869, 131 S.W.2d 933 (1939); Underwood v. State, 205 Ark. 864, 171 S.W.2d 304 (1943); Haller v. State, 217 Ark. 646, 232 S.W.2d 829 (1950); Nail v. State, 225 Ark. 495, 283 S.W.2d 683 (1955); Castle v. State, 229 Ark. 478, 316 S.W.2d 701 (1958); Estes v. State, 246 Ark. 1145, 442 S.W.2d 221 (1969); Powell v. State, 251 Ark. 46, 471 S.W.2d 333 (1971); Caton v. State, 252 Ark. 420, 479 S.W.2d 537 (1972); Flaherty v. State, 255 Ark. 187, 500 S.W.2d 87 (1973); Baugh v. State, 256 Ark. 64, 505 S.W.2d 519 (1974); Owen v. State, 263 Ark. 493, 565 S.W.2d 607 (1978); Limber v. State, 264 Ark. 479, 572 S.W.2d 402 (1978); Parker v. State, 265 Ark. 315, 578 S.W.2d 206 (1979); Jones v. State, 275 Ark. 12, 627 S.W.2d 6 (1982); Richard v. State, 286 Ark. 410, 691 S.W.2d 872 (1985); Hagen v. State, 315 Ark. 20, 864 S.W.2d 856 (1993).