Harvick v. State
Supreme Court of Arkansas
APPEAL from Monroe Circuit Court. M. T. Sanders, Judge. One cannot be convicted of burglary, when it is shown conclusively that he has merely committed petit larceny, in the absence of proof showing the felonious intent. A felonious intent is an indispensable element in the crime of burglary. Whar. Cr. Law, sec. 738; Mansf. Dig., secs. 1616, 16t9; Bisk. Cr. Law, vol. 1, sec. 736; 2 id., sec. no; 16 Cal., 431; 29 Iowa, 316; Wharf. Cr.
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APPEAL from Monroe Circuit Court. M. T. Sanders, Judge. One cannot be convicted of burglary, when it is shown conclusively that he has merely committed petit larceny, in the absence of proof showing the felonious intent. A felonious intent is an indispensable element in the crime of burglary. Whar. Cr. Law, sec. 738; Mansf. Dig., secs. 1616, 16t9; Bisk. Cr. Law, vol. 1, sec. 736; 2 id., sec. no; 16 Cal., 431; 29 Iowa, 316; Wharf. Cr. Law, sec. 8to; Russell on Crimes, vol.i,p. 823; 22 Pick., ‡; 29 Tex., 4.8; 32 id., 163. In this case the amount taken was less than ten dollars' (Mansf. Dig.,…
1Opinion of the CourtCockrild, C. J.
Harvick was convicted of burglary. The proof showed that he had entered a barber shop in the night; and carried off five or six dollars in money and a few cigars, in all less than ten dollars in value. When discovered in the shop by two acquaintances, he withdrew, joined them and handed around the cigars, but said nothing about the money, and did not explain his presence in the shop. The next morning, after breakfast, he offered to return the money to the barber, with whom he was on friendly terms, and then explained that he had found the shop window open,.and upon looking in had discovered…
2Cases cited1 opinion
- Phelan v. SmithCalifornia Supreme Court · 1857
3Cited by13 opinions
- State v. WorthenSupreme Court of Iowa · 1900
- Birones v. StateSupreme Court of Arkansas · 1912
- Walker v. StateSupreme Court of Florida · 1902
- Monk v. StateSupreme Court of Arkansas · 1912
- Duren v. StateSupreme Court of Arkansas · 1922
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