Legal Opinion

Douglass v. State

Supreme Court of Arkansas

Decided October 4, 1909PublishedCited by 22 opinions

Appeal from Miller Circuit Court; George W. Hays, Judge; 1. There is no proof that the horse was stolen in Miller County. Giving the evidence the strongest probative force, it only shows that the horse was in appellant’s possession in Miller County for five months after it is alleged to have been stolen. 2. There .is no proof of a larceny.

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Appeal from Miller Circuit Court; George W. Hays, Judge; 1. There is no proof that the horse was stolen in Miller County. Giving the evidence the strongest probative force, it only shows that the horse was in appellant’s possession in Miller County for five months after it is alleged to have been stolen. 2. There .is no proof of a larceny. No witness testified that appellant stole the horse from Paup; and, although there is proof that Paup lost a horse in May, the evidence of appellant and his witnesses is positive that appellant raised the animal in controversy from a small colt. 67 Ark.…

1Opinion of the CourtFrauEnThal, J.

The defendant, Cato Douglass, was tried upon an indictment charging him with the larceny of a horse; and the jury returned a verdict of guilty, .and assessed his punishment at one year in the penitentiary. He seeks a reversal of this conviction upon the following grounds: (1) because the venue was not proved'; (2) because the evidence is not sufficient to sustain the verdict; and (3) because of newly discovered evidence.

The evidence tended to prove that the horse that the defendant is charged with having stolen was the property of W. M. Paup; that it was permitted to run on the range near…

2Cases cited20 opinions

  1. Blankenship v. StateSupreme Court of Arkansas · 1891
  2. Wilder v. StateSupreme Court of Arkansas · 1874
  3. Campbell v. StateSupreme Court of Arkansas · 1882
  4. Gunter v. StateSupreme Court of Arkansas · 1906
  5. Foster v. StateSupreme Court of Arkansas · 1885

15 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Cravens v. StateSupreme Court of Arkansas · 1910
  2. Oakes v. StateSupreme Court of Arkansas · 1918
  3. Osborne v. StateSupreme Court of Arkansas · 1910
  4. Russell v. StateSupreme Court of Arkansas · 1910
  5. Wiley v. StateSupreme Court of Arkansas · 1909

17 more not listed; retrieve them via the Exa API.

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