Wallace v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; There is a fatal variance between the allegations of the indictment and the proof. There is no proof whatever that the building was owned, used or occupied by Till Shaw, nor that the object of the intended larceny was his property. The variance therefore is double; first in respect to the ownership of the premises entered, and, second, as to the ownership of the goods intended to be stolen.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; There is a fatal variance between the allegations of the indictment and the proof. There is no proof whatever that the building was owned, used or occupied by Till Shaw, nor that the object of the intended larceny was his property. The variance therefore is double; first in respect to the ownership of the premises entered, and, second, as to the ownership of the goods intended to be stolen. Bishop’s New Crim. Proc. § 137; 6 Cyc. 227 ; 88 Ala. 113; 16 Am. St. Rep. 23; 77 Miss. 370, 78 Am. St. Rap. 527;; 86 N. Y. 360;…
1Opinion of the CourtKirby, J.
Appellant was tried and convicted of the crime of burglary in the lower court on the following indictment:
“The Grand Jury of Sebastian County, for the Fort Smith District thereof, in the name .and by the authority of the State of Arkansas, accuse the defendant, Lem Wallace, of the crime of burglar}'-, committed as follows, towit:
“That the said Lem Wallace, in the county, district and State aforesaid, on the 8th day of January, 1911, and during the night time of said day, a certain house there situated and used and occupied by Till Shaw, feloniously did break and enter with the felonious and…
2Cases cited4 opinions
- James v. StateMississippi Supreme Court · 1899
- Rodgers v. . People of the State of New YorkNew York Court of Appeals · 1881
- Aldridge v. StateSupreme Court of Alabama · 1889
- Reed v. StateSupreme Court of Arkansas · 1899
3Cited by1 opinion
- Mitchell and Thurman v. StateSupreme Court of Arkansas · 1943