State v. Bills
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court; J. F. Gautney, Judge; The case turns upon the meaning of the word “feloniously” used in describing the defendant’s action in receiving and having in his possession the stolen property.
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Appeal from Crittenden Circuit Court; J. F. Gautney, Judge; The case turns upon the meaning of the word “feloniously” used in describing the defendant’s action in receiving and having in his possession the stolen property. We .submit that" all the elements of knowingly receiving stolen property are alleged in the indictment, and that it would amount to mere repetition to say that he received it with the intent to deprive the true owner of it, after it had been alleged that he feloniously received it. 95 Ark. 321; 94 Ark. 215; 111 Ark. 180; 94 Ark. 65.
1Opinion of the CourtSmith, J.
The indictment in this cause contains two counts; the first alleges the larceny of the property there described, and the second count charges appellee with receiving the property, knowing it to have been stolen. The charging part of the second count is as follows:
“On the 8th day of October, 1914, said person named in the caption hereof, did unlawfully, feloniously and knowingly receive into and have in his possession 423 pounds of meat of the value of fifty dollars, the property ■of St. Louis, Iron Mountain & Southern Railway Company, a corporation, all of which property had prior to the said…
2Cases cited5 opinions
- State v. SakowskiSupreme Court of Missouri · 1905
- Bise v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- Pelts v. StateIndiana Supreme Court · 1832
- Turner v. StateSupreme Court of Arkansas · 1895
- Darrah v. StateNebraska Supreme Court · 1902
3Cited by6 opinions
- State v. GiddingsSupreme Court of Kansas · 1975
- Slinkard v. StateSupreme Court of Arkansas · 1937
- State v. SchneiderWisconsin Supreme Court · 1973
- Kent v. StateSupreme Court of Arkansas · 1920
- Cochran v. StateSupreme Court of Arkansas · 1925
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