Legal Opinion

State v. Bond

Supreme Court of Arkansas

Decided December 24, 1921PublishedCited by 1 opinion

Appeal from Baxter Circuit Court; Archie House, Judge on exchange; The indictment follows the statute. C. & M. Digest, § 2449. The rule governing the description in larceny cases is applicable to this nature of case. 2 Bishop, Crim. Proc. § 173; 33 Ind. 159; 20 Grat. 716; 37 Ark. 443; Id. 445; 58 Id. 43; C. & M. Dig. § 2483; Id. § 2484. Under the last-named statute, a deed to realty is a subject of larceny.

Read the full summary

Appeal from Baxter Circuit Court; Archie House, Judge on exchange; The indictment follows the statute. C. & M. Digest, § 2449. The rule governing the description in larceny cases is applicable to this nature of case. 2 Bishop, Crim. Proc. § 173; 33 Ind. 159; 20 Grat. 716; 37 Ark. 443; Id. 445; 58 Id. 43; C. & M. Dig. § 2483; Id. § 2484. Under the last-named statute, a deed to realty is a subject of larceny. It is a chattel or personal property. 8 R. C. L. 923, § 3. See Shelton v. State, 96 Ark. 237. Tbe statute is not intended to apply tb a case oí .this kind, nor is it broad enough to cover…

1Opinion of the CourtMcCulloch, C. J.

The State appeals from the .judgment of the circuit court of Baxter County sustaining a demurrer and dismissing the' indictment against defendant for the statutory offense of false pretenses and fraud.

The indictment, omitting the caption, reads as follows :

“The said T. J. Bond, in the county and State aforesaid, on the 15th day of January, A. D., 1921, with the intent to defraud and cheat one J. R. Cline, did then and there unlawfully, falsely and fraudulently and feloniously obtain from the said J. R. Cline a' certain warranty' deed to certain lands in said county and State of the value of…

2Cases cited2 opinions

  1. State v. BunchSupreme Court of Arkansas · 1915
  2. Shelton v. StateSupreme Court of Arkansas · 1910

3Cited by1 opinion

  1. State v. Western Union Telegraph Co.Supreme Court of Arkansas · 1923

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API