Mooney v. State
Supreme Court of Arkansas
Appeal from Johnson Circuit Court; J. H. Evans, Special Judge; The indictment alleges that the steer belonged to Grover Fincher but the proof showed that Grover Fancher owned it. The allegation of ownership is material, and should be proved as alleged. 111 Ark. 462; 102 Id. 629; 73 Id. 32; 55 Id. 244; Kirby’s Digest, § 2233. This section has no application where the correct name is not given. The variance is .fatal. Supra.
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Appeal from Johnson Circuit Court; J. H. Evans, Special Judge; The indictment alleges that the steer belonged to Grover Fincher but the proof showed that Grover Fancher owned it. The allegation of ownership is material, and should be proved as alleged. 111 Ark. 462; 102 Id. 629; 73 Id. 32; 55 Id. 244; Kirby’s Digest, § 2233. This section has no application where the correct name is not given. The variance is .fatal. Supra. The court should have instructed the jury to find for defendant as requested. The names are not “idem sonans.” There is no variance. Witness first stated that his name was…
1Opinion of the CourtWood, J.
The appellant was convicted of the crime of grand larceny on an indictment which charged him in apt words with stealing a calf, “the property of Grover Fincher.”
The appellant duly appeals to this court, and the only question presented is whether or not the charge in the indictment is sustained by proof that the animal stolen was the property of Grover Faneher.
On direct examination the prosecuting witness testified, “my name is Grover Fincher,” and on cross-examination he said, “my name is Faneher.”
In indictments for larceny the allegation of ownership is material and must be proved, as…
2Cases cited6 opinions
- Blankenship v. StateSupreme Court of Arkansas · 1891
- Merritt v. StateSupreme Court of Arkansas · 1904
- Birones v. StateSupreme Court of Arkansas · 1912
- Wells v. StateSupreme Court of Arkansas · 1912
- Fletcher v. StateSupreme Court of Arkansas · 1910
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3Cited by3 opinions
- Barron v. StateSupreme Court of Arkansas · 1922
- Groning v. StateSupreme Court of Arkansas · 1922
- Kellogg v. StateSupreme Court of Arkansas · 1922