# Ferguson v. State

> Supreme Court of Arkansas · April 21, 1975 · 257 Ark. 1036

URL: https://www.frixlaw.com/law-library/cases/7819761

## Case

- **Full name:** Jesse FERGUSON v. STATE of Arkansas
- **Court:** Supreme Court of Arkansas
- **Decided:** April 21, 1975
- **Citations:** 257 Ark. 1036; 521 S.W.2d 546; 1975 Ark. LEXIS 1903
- **Precedential status:** Published
- **Opinion:** Concurrence by Fogleman
- **Judges:** Brown, Byrd, Fogleman, Jones, That
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7819761

## Opinion text

John A. Fogleman, Justice, concurring. I concur because not a single point raised by appellant is cognizable under Criminal Procedure Rule 1. There were effective procedures available to appellant in his trial and on direct appeal, for consideration of every question raised by him. No showing is made that he was in any way prevented from raising them. There is no imperative to provide an additional collateral review. Houser v. United States, 508 F. 2d 509 (8th Cir., 1974). Rule 1 is not a substitute for a direct appeal. Questions of sufficiency of the evidence and errors of law or fact must be raised on direct appeal. Defects in and sufficiency of an indictment or information are not cognizable in the absence of a showing of exceptional circumstances, where the questions raised are of great importance, the need for remedy apparent and the offense charged was one over which the sentencing court was manifestly without jurisdiction. The double jeopardy clause also falls in the category of pretrial matters not ordinarily cognizable. Insufficiency of the evidence is clearly not a proper basis for a collateral attack. See Houser v. United States, supra.
I am authorized to state that Mr. Justice Brown joins in this opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7819761. Public record. Not legal advice.