Grace v. State
Supreme Court of Arkansas
APPEAL from Johnson Circuit Court. Hon. G. S. Cunningham, Circuit Judge. 1. The indictment is fatally defective. 2. The Act upon which it was based admits of but one construction and that is: it is made a felony to remove the property, etc., where the lien is recorded.
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APPEAL from Johnson Circuit Court. Hon. G. S. Cunningham, Circuit Judge. 1. The indictment is fatally defective. 2. The Act upon which it was based admits of but one construction and that is: it is made a felony to remove the property, etc., where the lien is recorded. If by any possible distortion of the Statute it could he held to apply to unrecorded liens in cases where the property is removed beyond the limits of the State, the rule certainly could not extend to cases of removal beyond the limits of the County, because the language of the Statute is: “or of any county wherein the lien may…
1Opinion of the CourtSmith, J.
Grace was indicted for removing beyond the limits of Johnson county certain cotton and corn, “on which a lien did then and there exist, in favor of H. E. Hudspeth as the landlord and owner of the land on which the same were produced without the consent of the said Hudspeth.” His demurrer to the indictment was overruled and an exception noted. Upon the trial, which resulted in his conviction, it appeared that the contract between him and Hudspeth was verbal and that no lien or notice of lien had been recorded or filed. He ^moved the following instruction which was refused': “If the jury find…
2Cases cited1 opinion
- Myers v. StateSupreme Court of Connecticut · 1816
3Cited by4 opinions
- State v. International Harvester Co.Supreme Court of Arkansas · 1906
- Satterfield v. StateSupreme Court of Arkansas · 1927
- State ex rel. Moose v. FrankSupreme Court of Arkansas · 1914
- State v. Arkadelphia Lumber Co.Supreme Court of Arkansas · 1902