Atterberry v. State
Supreme Court of Arkansas
Appeal from Marion Circuit Court. Robert Atterberry and Abe Williams were indicted for larceny of three suits of clothes and other property, of the total value of $59, belonging to W. C. McBel. Both were convicted. Atterberry has appealed. The evidence is sufficiently stated in the opinion.
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Appeal from Marion Circuit Court. Robert Atterberry and Abe Williams were indicted for larceny of three suits of clothes and other property, of the total value of $59, belonging to W. C. McBel. Both were convicted. Atterberry has appealed. The evidence is sufficiently stated in the opinion. The court instructed the jury, at the instance of the State, as follows : “2. If you find that R. C. McBel feloniously took and carried away goods such as is described in the indictment, of the property of W. C. McBel, of the value of more than ten dollars, and that defendants were present, aiding,…
1Opinion of the CourtHemingway, J.
The appellant alleges ás a ground for a reversal that the verdict is not supported by the evidence. In determining it we are called to decide whether the evidénce warranted a finding that he was guilty of any offense; and if so, whether it was larceny, or some other crime, as embezzlement or receiving stolen property.
As to the material facts, there is no controversy. The defendant was a witness in his own behalf, and his statement agrees in all essentials with the testimony of the State’s witnesses. That B. C. McBel was a salesman in the store of his father, that he took, from the goods kept…
2Cases cited4 opinions
- Hayden v. StateSupreme Court of Arkansas · 1892
- Lewis v. PeopleIllinois Supreme Court · 1867
- Powell v. StateSupreme Court of Arkansas · 1879
- Ruble v. StateSupreme Court of Arkansas · 1888
3Cited by12 opinions
- Dreyer v. PeopleIllinois Supreme Court · 1900
- Jefferson v. StateSupreme Court of Arkansas · 1997
- Shoop v. StateSupreme Court of Arkansas · 1945
- Parsons v. StateNevada Supreme Court · 1958
- Aabel v. StateNebraska Supreme Court · 1910
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