Legal Opinion

Crook v. State

Supreme Court of Arkansas

Decided June 23, 1894PublishedCited by 2 opinions

Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. 'Sec. 1621, Mansf. Dig., is clearly repealed by Cr„ Code. See Mansf. Dig. secs. 2108-9. The legislature undertook to cover the whole ground, and all inconsistent statutes are repealed. 10 Ark. 590 ; 24 id. 479 27 id. 418; 30 id. 560; 31 id. 17; 33 id. 316; 41 id. 152; 47 id. 491; 48 id. 354; Endl. Int.

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Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. 'Sec. 1621, Mansf. Dig., is clearly repealed by Cr„ Code. See Mansf. Dig. secs. 2108-9. The legislature undertook to cover the whole ground, and all inconsistent statutes are repealed. 10 Ark. 590 ; 24 id. 479 27 id. 418; 30 id. 560; 31 id. 17; 33 id. 316; 41 id. 152; 47 id. 491; 48 id. 354; Endl. Int. Stat. sec. 182, note 6- and 4, also secs. 187-196, 199, note (c) and note A and C, also secs. 200-1-2-6-8, 216, and 241, etc.; Bish. St. Cr_ sec. 159; 33 Ark. 316 ; 57 id. 508. 1. There are some exceptions to the rule laid down in 10 Ark.…

1Opinion of the CourtBattle, J.

Appellant was charged with burglary and latxeny in one indictment. He demurred to the indictment, because he was accused of two offenses. His demurrer was overruled, and he was tried and convicted of both charges.

The only question in the case is, can larceny, when committed jointly with burglary, be charged by different counts in the same indictment ?

Section 5 of article two in chapter 44 of the Revised Statutes is as follows : “ Por larceny committed jointly with burglary the offender shall be held to restitution, as in other cases of larceny, and the offender may be indicted for such…

2Cases cited3 opinions

  1. Watkins v. StateSupreme Court of Arkansas · 1881
  2. Dodd v. StateSupreme Court of Arkansas · 1878
  3. Toliver v. StateSupreme Court of Arkansas · 1880

3Cited by2 opinions

  1. Monk v. StateSupreme Court of Arkansas · 1912
  2. State v. JensonUtah Supreme Court · 1929

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