Page:Williams v. State, 259 Ark. 667, 535 S.W.2d 843 (1976).pdf/2

over the court in which the accused's petition for postconviction relief was pending.

1. PERJURY—DEGREES OF OFFENSE—STATUTORY DEFINITION.—As defined in Ark. Stat. Ann. § 41-3002 (Repl. 1964), perjury in the second degree is a lesser included offense of first degree perjury.
2. CRIMINAL LAW—INSTRUCTIONS TO JURY—REFUSAL AS ERROR.—Appellant's requested instruction in a perjury case that if the facts sworn to were not material to the proceedings before the court, defendant should be found innocent was correctly refused as an incorrect statement of the law.
3. PERJURY—MATERIALITY OF FACTS—QUESTIONS FOR JURY.—Where there is no dispute about the facts sworn to, any question of materiality is not for the jury but is one of law for the court.
4. PERJURY—STATEMENTS IN AFFIDAVIT—MATERIALITY.—The materiality of statements in an affidavit is not an essential element of perjury in either degree under applicable statutes but the false statements should be relevant.
5. CRIMINAL LAW—PLEA OF NOT GUILTY—TRIAL & DETERMINATION.—Appellant by his plea of not guilty availed himself of any defense and all matters of justification and excuse available under the law, which are not required to be specifically pleaded, and put all material facts alleged in the information in issue, and the plea was a continuing denial of all evidence and every statement of every witness who testified against him.
6. CRIMINAL LAW—PLEA OF NOT GUILTY—PRESUMPTION OF INNOCENCE.—By appellant's plea of not guilty, he invoked his right to the presumption of his innocence and put the burden upon the state to prove his guilt beyond a reasonable doubt, as well as his right to remain silent in the hope that the jury would not be convinced of his guilt beyond a reasonable doubt.
7. CRIMINAL LAW—PLEA OF NOT GUILTY—PRESUMPTION & BURDEN OF PROOF.—The presumption of innocence is so strong it serves an accused as evidence in his favor throughout trial and entitles him to an acquittal unless the state adduces evidence which convinces the jury beyond a reasonable doubt that he is guilty of the crime charged.
8. CRIMINAL LAW—ARGUMENTS & CONDUCT OF COUNSEL MATTERS NOT WITHIN ISSUES & EVIDENCE.—Closing arguments to the jury must be confined to questions in issue, the evidence introduced, and all reasonable inferences and deductions which can be drawn therefrom.
9. CRIMINAL LAW—ARGUMENTS & CONDUCT OF COUNSEL—MATTERS NOT SUSTAINED BY EVIDENCE.—Error occurs when trial counsel argues matter that is beyond the record and states facts