Value v. State
Supreme Court of Arkansas
Appeal from Jefferson' Circuit Court; Antonio B. Grace, Judge; Having charged the corrupt use of “silver and paper money,” it devolved upon the State to prove the corrupt use of one or the other. 68 Ark. 583; 60 Ark. 141; 58 Ark. 2-12; .71 Ark. 415; 62 Ark. 538. There is a fatal variance between the allegations and the proof in this, that the indictment alleges the acceptance and receipt by appellant of -fifteen dollars, lawful money of the United States, paper money and…
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Appeal from Jefferson' Circuit Court; Antonio B. Grace, Judge; Having charged the corrupt use of “silver and paper money,” it devolved upon the State to prove the corrupt use of one or the other. 68 Ark. 583; 60 Ark. 141; 58 Ark. 2-12; .71 Ark. 415; 62 Ark. 538. There is a fatal variance between the allegations and the proof in this, that the indictment alleges the acceptance and receipt by appellant of -fifteen dollars, lawful money of the United States, paper money and silver money,” etc., whereas the proof shows that he received “five dollars,” without showing that it was either paper or…
1DissentHill, C. J.
The indictment in this case charges that the defendant was bribed with “paper money and silver money of the value of $15.00.” The State proves that he was bribed with $5.00, without proving the kind of money. The Attorney General confesses error, and the majority of the court sustain that confession, and I dissent.
It was unnecessary to allege the kind or quantity of money or thing of value used as a bribe. It was merely necessary to' allege that some money or thing of value was used as a bribe. Leeper v. State, 29 Tex. Cr. App. 154; Watson v. State, 29 Ohio St. 123. This is conceded in the…
2Cases cited12 opinions
- Starchman v. StateSupreme Court of Arkansas · 1896
- Commonwealth v. DonovanMassachusetts Supreme Judicial Court · 1898
- Lee v. StateSupreme Court of Arkansas · 1904
- State v. MeysenburgMissouri Court of Appeals · 1902
- Diggs v. StateSupreme Court of Alabama · 1873
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