Legal Opinion

Keeton v. State

Supreme Court of Arkansas

Decided February 8, 1902PublishedCited by 4 opinions

Appeal from Newton Circuit Court. Elbridge G. Mitci-iell, Judge. STATEMENT BY THE COURT. The appellant, Ed Keeton, was indicted for robbery at the July term, 1901, of the Newton circuit court, charged to have been committed by feloniously and violently taking $35 from the person of Frank Carleton.

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Appeal from Newton Circuit Court. Elbridge G. Mitci-iell, Judge. STATEMENT BY THE COURT. The appellant, Ed Keeton, was indicted for robbery at the July term, 1901, of the Newton circuit court, charged to have been committed by feloniously and violently taking $35 from the person of Frank Carleton. The indictment is in the following language: “The grand jury of Newton county, in the name and by the authority of the state of Arkansas, accuse Ed Keeton of the crime of robbery, committed as follows, to-wit: the said Ed Keeton, in the county and state aforesaid, feloniously and violently, from…

1Opinion of the Court

Htjghes, J.,

(after stating the facts.) It is conceded by the appellant that there was no error in the court’s instructions, and that the evidence in the case is sufficient to support the verdict. He objects because he says the indictment is insufficient in this, that it does not charge that defendant “did steal, take and carry away.” He contends that the language of the indictment does not charge a robbery, but only a trespass.

Bobbery is larceny, with the aggravating circumstances of taking by force, and putting in fear, from the person of another, and an indictment for robbery must charge…

2Cases cited2 opinions

  1. Boles v. StateSupreme Court of Arkansas · 1893
  2. Walker v. StateSupreme Court of Arkansas · 1888

3Cited by4 opinions

  1. Thomas v. StateAlaska Supreme Court · 1964
  2. McLaughlin v. City of HopeSupreme Court of Arkansas · 1913
  3. State v. SmithWashington Supreme Court · 1905
  4. Floyd v. StateSupreme Court of Arkansas · 1906

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