Burrow v. State
Supreme Court of Arkansas
Appeal from Fulton Circuit Court; George W. Reed, Judge; 1. The proof shows that the cow was over twelve months old, was running at large on the range, and not marked nor branded.
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Appeal from Fulton Circuit Court; George W. Reed, Judge; 1. The proof shows that the cow was over twelve months old, was running at large on the range, and not marked nor branded. The court erred in refusing to instruct the jury to acquit appellants if they found this to be the fact. 60 Ark. 60.- The court further erred in refusing to submit to the jury the question whether or not the cow was such ‘ ‘ a live animal as is made larceny to steal,” thereby invading the province of the jury. Art. 7, § 23, Const. Ark.; 52 Ark. 264; 49 Ark. 448; 43 Ark. 296; 71 Ark. 38; 74 Ark. 563; 76 Ark. 468; 77…
1Opinion of the CourtWood, J.
Appellant was convicted on an indictment charging him with the crime of maliciously killing a certain cow which it was made larceny to steal, the property of J. S. Brown, of the value of twenty-five dollars. Brown testified: “I had a cow shot about 3 or 4 o’clock on the morning of the 1st day of September, 1911. She was a big red cow about six years old, no marks or brands. She had a young calf up, and she ran out on the range and came up at night to be milked. She was worth about $25 or $30. ’ ’ He says, ‘ ‘ She was running at large on the range with other cattle when she was shot.”
1. The…
2Cases cited3 opinions
- Davis v. StateSupreme Court of Arkansas · 1910
- Turner v. StateSupreme Court of Arkansas · 1913
- Jeffries v. StateSupreme Court of Arkansas · 1912
3Cited by5 opinions
- Ezell v. StateSupreme Court of Arkansas · 1950
- Ivy v. StateSupreme Court of Arkansas · 1913
- Barnes & York v. StateSupreme Court of Arkansas · 1950
- United States v. Leon Franklin YaughnCourt of Appeals for the Fifth Circuit · 1974
- United States v. Leon Franklin YaughnCourt of Appeals for the Fifth Circuit · 1974