Johnson v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Daniel Hon, Judge; 1. The finder of lost goods may lawfully take them into his possession, and, before he can be convicted of the larceny thereof, it must be shown that the intent to steal existed at the time of the finding. 63 Ind. 285; Desty’s Am. Crim. Raw, § 145. If there is any guilt here, it is of embezzlement, not larceny.
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Appeal from Sebastian Circuit Court; Daniel Hon, Judge; 1. The finder of lost goods may lawfully take them into his possession, and, before he can be convicted of the larceny thereof, it must be shown that the intent to steal existed at the time of the finding. 63 Ind. 285; Desty’s Am. Crim. Raw, § 145. If there is any guilt here, it is of embezzlement, not larceny. The same evidence will not support an indictment for both the offense of larceny and embezzlement. 13 Ark. 168. 2. The allegation of ownership is a material allegation in an indictment for larceny, and it must be proved. 55 Ark.…
1Opinion of the CourtHill, C. J.
Johnson was indicted for grand larceny, charged with stealing $135, and was convicted and sentenced to one year in the penitentiary, and has appealed.
Only two questions are raised: First, as to the sufficiency of the evidence, and second, as to the correctness of instruction number three.
1. The evidence has been carefully examined, and the court finds it sufficient to sustain the verdict. It would serve no useful purpose to review it.
2. Instruction number three is as follows: “The confession of the defendant, accompanied with proof that the offense was committed by some one, will warrant a…
2Cases cited5 opinions
- Meisenheimer v. StateSupreme Court of Arkansas · 1904
- Darden v. StateSupreme Court of Arkansas · 1904
- Heilbron v. HeinlenCalifornia Supreme Court · 1887
- Powell v. StateSupreme Court of Arkansas · 1905
- Cunningham v. Seattle Electric Railway & Power Co.Washington Supreme Court · 1892
3Cited by8 opinions
- Tiner v. StateSupreme Court of Arkansas · 1913
- Hicks v. StateSupreme Court of Arkansas · 1920
- Hobbs v. StateSupreme Court of Arkansas · 1908
- Bridger v. StateSupreme Court of Arkansas · 1916
- Craig v. StateSupreme Court of Arkansas · 1943
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