Legal Opinion

Britton v. State

Supreme Court of Arkansas

Decided June 15, 1895PublishedCited by 4 opinions

Appeal from Prairie Circuit Court, Northern District. James S. Thomas, Judge. The verdict in this was a general one. There was no proof that appellant stole the hog, and there is no proof that the amount of meat received was more than ten dollars.

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Appeal from Prairie Circuit Court, Northern District. James S. Thomas, Judge. The verdict in this was a general one. There was no proof that appellant stole the hog, and there is no proof that the amount of meat received was more than ten dollars. Hence there is a total failure of proof to sustain the verdict. 34 Ark. 532. 1. There is evidence to support the verdict. 46 Ark. 141; 47 id. 196. 2. The bill of exceptions does not set out the instructions of the court. 46 Ark. 207.

1Opinion of the CourtHughes, J.

The appellant was indicted for the larceny of a hog. He was charged in the first count of the indictment with stealing the hog, and in the second count with receiving the hog knowing that it had been stolen, with the intent to deprive the true owner thereof.

The jury returned a general verdict of guilty, and he was sentenced to one year’s imprisonment in the penitentiary. The evidence tended to show that the hog had been stolen, and that the appellant knew of the theft, and assisted in concealing the head and offal; and that he also ate some of the pork into which the hog had been converted,…

2Cited by4 opinions

  1. Ballow v. StateCourt of Criminal Appeals of Texas · 1900
  2. Hutchinson v. StateSupreme Court of Arkansas · 1904
  3. Reece v. StateCourt of Criminal Appeals of Texas · 1928
  4. Reese v. StateCourt of Criminal Appeals of Texas · 1928

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