Davis v. State
Supreme Court of Arkansas
Appeal from Tell Circuit Court, Dardanelle District: A. B. P rid fly, Special Judge; 1. The court should have sustained the demurrer. No value of the money is alleged. When grand larceny is charged as the crime intended to he committed, an allegation of the value of the property becomes material, .and a failure to allege it to be of valué sufficient to constitute grand larceny makes the indictment fatally defective. 66 Ark. 110. 2. The evidence does not sustain the verdict.
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Appeal from Tell Circuit Court, Dardanelle District: A. B. P rid fly, Special Judge; 1. The court should have sustained the demurrer. No value of the money is alleged. When grand larceny is charged as the crime intended to he committed, an allegation of the value of the property becomes material, .and a failure to allege it to be of valué sufficient to constitute grand larceny makes the indictment fatally defective. 66 Ark. 110. 2. The evidence does not sustain the verdict. Mere grounds for suspicion will not justify a conviction, hut there must be .substantial proof of guilt. 85 Ark. 360;…
1Opinion of the CourtSmith, J.
Appellants were tried under an indictment containing two counts, the first 'charging them with burglary, .and the second charging them with grand larceny. They were convicted on the first count, .and have appealed from the judgment pronounced upon the verdict of the jury.
It is first insisted that the demurrer to the indictment should have (been sustained for the reason that it did not sufficiently describe the larceny which appellants intended to commit; and it is also alleged that there is a variance between the allegation of -the indictment, reciting the names -of the members composing the…
2Cases cited5 opinions
- State v. DuLaneySupreme Court of Arkansas · 1908
- Andrews v. StateSupreme Court of Arkansas · 1911
- Setzer v. StateSupreme Court of Arkansas · 1913
- Hughes v. StateSupreme Court of Arkansas · 1913
- Ivy v. StateSupreme Court of Arkansas · 1913
3Cited by14 opinions
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- Yelvington v. StateSupreme Court of Arkansas · 1925
- Bost v. StateSupreme Court of Arkansas · 1919
- Murphy v. StateSupreme Court of Arkansas · 1917
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