Gooch v. State
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. Jephtha H. Evans, Judge. STATEMENT BY THE COURT. The appellant, Charles Gooch, was indicted by the grand jury of Franklin county for the crime of larceny, The indictment alleged that he stole a mare, the property of H. C. McElroy. The evidence tended to show that Gooch hired the mare from one Hollenbeck to ride to his uncle’s, who lived near Oak Bower. After leaving his uncle’s, he rode the mare to Ozark in Franklin county.
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Appeal from Crawford Circuit Court. Jephtha H. Evans, Judge. STATEMENT BY THE COURT. The appellant, Charles Gooch, was indicted by the grand jury of Franklin county for the crime of larceny, The indictment alleged that he stole a mare, the property of H. C. McElroy. The evidence tended to show that Gooch hired the mare from one Hollenbeck to ride to his uncle’s, who lived near Oak Bower. After leaving his uncle’s, he rode the mare to Ozark in Franklin county. While in Ozark, he traded the mare he had hired to one McElroy for a horse owned by McElElroy, representing to McElroy that the mare he…
1Opinion of the Court
Riddick, J.,
(after stating the facts). It is urged as grounds for reversal of the judgment of conviction, first, that the court erred in giving to the jury an instruction touching the law of insanity. It is contended that the defendant did not set up such defense, and that the instruction was abstract and prejudicial. "Where there is any evidence tending to show insanity or unsoundness of mind on the part of the defendant at the time the crime was committed, the court may, of. its own motion, give an instruction covering the law on that point. And if an instruction is given without any…
2Cases cited2 opinions
- Commonwealth v. FinnMassachusetts Supreme Judicial Court · 1871
- United States v. DurkeeU.S. Circuit Court for the District of Northern California · 1856
3Cited by4 opinions
- Douglass v. StateSupreme Court of Arkansas · 1909
- Bailey v. StateSupreme Court of Arkansas · 1909
- Crouthers v. StateSupreme Court of Arkansas · 1922
- Little v. StateSupreme Court of Arkansas · 1915