State v. Gooch
Supreme Court of Arkansas
Appeal from Franklin Circuit Court. Hugh F. Thomason, Judge. The old doctrine laid down in 1 Moody, C. C., 160 and 247, that where a statute uses the word “horse” or “mare” or “gelding,” etc., proof of stealing a mare or gelding on an indictment for- stealing a horse is not sufficient, is still followed by some courts. 1 Bish. Cr. Pr. sec. 620; Bish. St. Cr. sec. 247 ; Whart. Cr. Fv. sec. 124; 1 Leach, 105; 2 Stew. (Ala.) 11; 3 Humph. (Tenn.) 323; 26 Kas. 237 ; 2 Har.
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Appeal from Franklin Circuit Court. Hugh F. Thomason, Judge. The old doctrine laid down in 1 Moody, C. C., 160 and 247, that where a statute uses the word “horse” or “mare” or “gelding,” etc., proof of stealing a mare or gelding on an indictment for- stealing a horse is not sufficient, is still followed by some courts. 1 Bish. Cr. Pr. sec. 620; Bish. St. Cr. sec. 247 ; Whart. Cr. Fv. sec. 124; 1 Leach, 105; 2 Stew. (Ala.) 11; 3 Humph. (Tenn.) 323; 26 Kas. 237 ; 2 Har. (Del.) 541; 6 Blackf. 460; 18 Ala. 415; 4 Ohio, 348; 65 N. C. 539; 28 Tex. 644; 31 id. 571 ; 32 id. 102; 34 id. 135; 1 Tex.…
1Opinion of the CourtRiddick, J.
The appellee, Charlie Gooch, was indicted for larceny by the grand jury of Franklin county. The indictment alleged that he stole a horse, the property of F. A. Hollenbeck. It was proved on the trial that the animal taken by Gooch was a mare, and the court held that, the defendant having been charged in the indictment with stealing a horse, he could not be convicted by proof showing that he stole a mare. A verdict of acquittal was rendered, and the case was appealed on behalf of the State, that this court may determine whether the ruling of the circuit court was correct or not.
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2Cases cited3 opinions
- People v. PicoCalifornia Supreme Court · 1882
- People v. MonteithCalifornia Supreme Court · 1887
- State v. DonneganSupreme Court of Missouri · 1863
3Cited by8 opinions
- Fletcher v. StateSupreme Court of Arkansas · 1939
- State v. MatejouskySouth Dakota Supreme Court · 1908
- State v. CollettIdaho Supreme Court · 1904
- State v. HallerSupreme Court of Arkansas · 1915
- Freeman v. StateSupreme Court of Arkansas · 1923
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