Legal Opinion

Jeffries v. State

Supreme Court of Arkansas

Decided February 19, 1912PublishedCited by 2 opinions

Appeal from Monroe Circuit Court; Eugene Lankford, Judge; 1. It is not larceny to convert or take a cow over one year old and not marked or branded, and running at large in the range, etc.

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Appeal from Monroe Circuit Court; Eugene Lankford, Judge; 1. It is not larceny to convert or take a cow over one year old and not marked or branded, and running at large in the range, etc. Kirby’s Digest, § 1898; 37 Ark. 54; 24 Id. 480; 60 Id. 59. 2. “At large” and “running at large” have a well-defined meaning. 28 la, 491, 497; 15 N. W. 286; 73 la, 723; 1 Words & Phrases, 605. “Range” and “cattle range” have been judicially defined. 59 N. W. 227. The cow was not running at large in the range or woods. Kirby’s Digest, § 1898; 60 Ark. 59.

1Opinion of the CourtFrauenthal, J.

This is an appeal from a judgment convicting the defendant of the crime of grand larceny based upon an indictment charging him with stealing a cow, the property of one Ella Pool. He seeks to reverse the judgment upon the grounds, (1) that there is not sufficient legal testimony to sustain the verdict of guilty returned by the jury, and (2) that the court erred in giving certain instructions to the jury. The testimony on behalf of the prosecution tended to prove the following facts: Ella Pool was the owner of the cow alleged to have been stolen, and resided about one-half mile from the city of…

2Cases cited8 opinions

  1. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
  2. Keeney v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1890
  3. Bertwhistle v. GoodrichMichigan Supreme Court · 1884
  4. Beeson v. TiceIndiana Court of Appeals · 1896
  5. Perry v. StateSupreme Court of Arkansas · 1881

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3Cited by2 opinions

  1. Lemery v. LeonardOregon Supreme Court · 1921
  2. Burrow v. StateSupreme Court of Arkansas · 1913

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