Legal Opinion

Merritt v. State

Supreme Court of Arkansas

Decided November 12, 1904PublishedCited by 14 opinions

Appeal from Woodruff Circuit Court. Hance N. Hutton, Judge. An agent’s authority can not be proved by the declarations of such agent. 31 Ark. 312; 33 Ark. 251, 316; 44 Ark. 213; 43 Ark. 293. The ownership of the property alleged to have been stolen was not properly alleged in the indictment. 58 Ark. 17; 36 Cal. 248; 1 Am. & Eng. Enc.

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Appeal from Woodruff Circuit Court. Hance N. Hutton, Judge. An agent’s authority can not be proved by the declarations of such agent. 31 Ark. 312; 33 Ark. 251, 316; 44 Ark. 213; 43 Ark. 293. The ownership of the property alleged to have been stolen was not properly alleged in the indictment. 58 Ark. 17; 36 Cal. 248; 1 Am. & Eng. Enc. Law (2d Ed.), 944; 1 Story, Part. § 1. The ownership of the property alleged to have been stolen was properly charged in the indictment. 42 Ark. 73.

1Opinion of the CourtMcCulloch, J.

The appellant was convicted upon an indictment } for grand larceny in stealing one steer, the property of W. N. Marshall. The proof showed that the animal was the joint property of W. N. Marshall and his brother, Charles, as partners, and was running in the range across Cache river, from which locality the defendant removed it. W. N. Marshall testified that his brother was away from home, and that he (witness), in the absence of his brother, had exclusive control and management of their' cattle.

The court instructed the jury, upon the request of the State, that before they could convict the…

2Cases cited3 opinions

  1. Blankenship v. StateSupreme Court of Arkansas · 1891
  2. McCowan v. StateSupreme Court of Arkansas · 1893
  3. Scott v. StateSupreme Court of Arkansas · 1883

3Cited by14 opinions

  1. Russell v. StateSupreme Court of Arkansas · 1910
  2. Andrews v. StateSupreme Court of Arkansas · 1911
  3. Cook v. StateSupreme Court of Arkansas · 1906
  4. Fletcher v. StateSupreme Court of Arkansas · 1910
  5. Silvie v. StateSupreme Court of Arkansas · 1915

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