Henderson v. State
Supreme Court of Arkansas
Appeal from Scott Circuit Court; Styles T. Rowe, Judge; 1. Larceny is not proved. 37 Ark. 274; 41 Id. 173. No proof of value. 33 Ark. 567. 2. Verdict contrary to the evidence. 56 Ark. 217; 57 Id. 467; Id. 402. 3. A felonious intent is an essential of larceny. . The law presumes in favor of innocence and the burden of proving guilt is on the State. 32 Ark. 232; 68 Id. 529. The intent must be specific with an intent to steal. 34 Ark. 341, hot. p. 344. The evidence sustains the…
Read the full summary
Appeal from Scott Circuit Court; Styles T. Rowe, Judge; 1. Larceny is not proved. 37 Ark. 274; 41 Id. 173. No proof of value. 33 Ark. 567. 2. Verdict contrary to the evidence. 56 Ark. 217; 57 Id. 467; Id. 402. 3. A felonious intent is an essential of larceny. . The law presumes in favor of innocence and the burden of proving guilt is on the State. 32 Ark. 232; 68 Id. 529. The intent must be specific with an intent to steal. 34 Ark. 341, hot. p. 344. The evidence sustains the verdict. There is no occasion for muddying the waters by attempting to raise the question of principal and accessory. 1…
1Opinion of the CourtHiee, C. J.
Henderson was indicted for grand larceny, charged with stealing 16,000 feet of lumber, the property of Oliver & Hudson, was convicted, sentenced to one year in the penitentiary, and appealed.
The State proved that Henderson bought of Oliver & Hudson a boiler and engine for $100, payable in lumber at $5 per thousand; that 16,000 feet were delivered, checked, up and left standing in stacks on Henderson’s lumber yard. It stayed there for several months for the convenience of Oliver & Hudson. In the meantime Henderson moved his mill seat to another place. Hearing that the lumber was being hauled…
2Cited by4 opinions
- Commonwealth v. Tluchak Et Ux.Superior Court of Pennsylvania · 1949
- Ridgel v. StateSupreme Court of Arkansas · 1914
- State v. PattonSupreme Court of Missouri · 1954
- State v. LabordeSupreme Court of Louisiana · 1942