State v. Perry
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; 1. The indictment is good. It was unnecessary to allege that the taking was with the intent to convert to the defendant’s own use, etc. 97 Cal. 194; 144 Mass. 568; 33 Da. Ann. 979; 41 Id. 784. The indictment put the defendant on notice, and charged the offense with such certainty as to enable the court to pronounce judgment.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; 1. The indictment is good. It was unnecessary to allege that the taking was with the intent to convert to the defendant’s own use, etc. 97 Cal. 194; 144 Mass. 568; 33 Da. Ann. 979; 41 Id. 784. The indictment put the defendant on notice, and charged the offense with such certainty as to enable the court to pronounce judgment. Kirby’s Dig., § § 2228, 2241, 2242, 2243; 84 Ark. 477; 63 Ark. 613; 5 Ark. 444; 19 Afk. 613. 2. The word “steal” includes all the elements of larceny at common law. 40 Neb. 545; 55-N. J. L. 17;…
1Opinion of the CourtHart, J.
The sufficiency of the indictment is the only question presented by the record. Omitting the formal parts, it reads as follows:
“The grand jury' of Sebastian County, for the Fort Smith District thereof, in the name and by the authority of the State of Arkansas, accuse the defendants, Steve Perry and Frank Coley, of the crime of grand larceny, committed as follows, to-wit: The said defendants in the county and district aforesaid, on the thirtieth day of November, 1909, one horse of the value of fifty dollars, the property of one Josephine Coley then and there being, unlawfully and feloniously…
2Cases cited2 opinions
- State v. BoyceSupreme Court of Arkansas · 1898
- Bennett v. StateSupreme Court of Arkansas · 1904
3Cited by5 opinions
- McIntosh v. StateNebraska Supreme Court · 1920
- Underwood v. StateCourt of Criminal Appeals of Oklahoma · 1922
- Thompson v. United StatesCourt of Appeals for the Second Circuit · 1919
- Martin v. StateSupreme Judicial Court of Maine · 1969
- Schaal v. StateSupreme Court of Arkansas · 1921