Legal Opinion

Cook v. State

Supreme Court of Arkansas

Decided November 12, 1906PublishedCited by 10 opinions

Appeal from White Circuit Court; I. H. Harrod & J. N. Cypert, Special Judges; 1. The description was bad in the indictment, and it was error to allow proof to go to the jury to prove the loss and value. 32 Ark. 181; 29 Id. 68; 51 Id. 112. It should have alleged that some kind of gold, silver or paper money, or some general description of the same, as required by § 1844, Kirby’s Digest. 71 Ark. 418; 65 Id. 825; 60 Id. 141. 2. One crime can not be established by proof of…

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Appeal from White Circuit Court; I. H. Harrod & J. N. Cypert, Special Judges; 1. The description was bad in the indictment, and it was error to allow proof to go to the jury to prove the loss and value. 32 Ark. 181; 29 Id. 68; 51 Id. 112. It should have alleged that some kind of gold, silver or paper money, or some general description of the same, as required by § 1844, Kirby’s Digest. 71 Ark. 418; 65 Id. 825; 60 Id. 141. 2. One crime can not be established by proof of another, and the testimony of Mrs. Goodrich was inadmissible. 38 Ark. 221; 45 Id. 165; 70 Id. 610. 3. The testimony of the…

1Opinion of the CourtMcCulloch, J.

The grand-jury of White County returned an indictment, containing two counts, against appellant, James Cook, charging him with the crimes of burglary and grand larceny. The indictment charged that on the 14th day of April, 1906, appellant committed the crime of burglary by breaking into the storehouse of R. J. Eyon & Son, a partnership, in the nighttime with intent to steal certain property of said R. J. Lyon & Son of the value of $25; and that he committed the crime of grand larceny by stealing $6 in money, a lof of canned goods of the value of $5, and twenty bottles of Gin Seneca of the…

2Cases cited4 opinions

  1. Benton v. StateSupreme Court of Arkansas · 1906
  2. McCowan v. StateSupreme Court of Arkansas · 1893
  3. Merritt v. StateSupreme Court of Arkansas · 1904
  4. Johnson v. StateSupreme Court of Arkansas · 1904

3Cited by10 opinions

  1. Pendergrass v. StateSupreme Court of Arkansas · 1923
  2. McLemore v. StateSupreme Court of Arkansas · 1914
  3. Silvie v. StateSupreme Court of Arkansas · 1915
  4. Hoover v. StateSupreme Court of Arkansas · 1978
  5. Riddick v. StateSupreme Court of Arkansas · 1980

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