Houston v. State
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District. Felix G. Taylor, Judge. The indictment alleges that the cotton was “seed cotton.” It was then incumbent upon the state to show this, as the averment was materially descriptive. 3 S. W. 716; 2 S. W. 859; 34 Ark. 160; 62 Ark. 538; 58 Ark.' 642; 60 Ark. 141; 62 Ark. 516; Wh. Cr. Ev. § 146. It is no crime to remove property on which a lien exists from the premises. The removal must be from the county or state.
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Appeal from Craighead Circuit Court, Jonesboro District. Felix G. Taylor, Judge. The indictment alleges that the cotton was “seed cotton.” It was then incumbent upon the state to show this, as the averment was materially descriptive. 3 S. W. 716; 2 S. W. 859; 34 Ark. 160; 62 Ark. 538; 58 Ark.' 642; 60 Ark. 141; 62 Ark. 516; Wh. Cr. Ev. § 146. It is no crime to remove property on which a lien exists from the premises. The removal must be from the county or state. The indictment avers a lien for rent, and evidence of one for supplies was inadmissible. Gr. Ev. § 50; 41 Ark. 397. The proof shows…
1Opinion of the CourtRiddick, J.
The appellant, Lee Houston, was tried and convicted of the crime of selling cotton upon which there existed a landlord’s lien for rent.
It is first said that the circuit judge erred in admitting evidence to show that the landlord, in addition to a lien for rent, also held a lien on the cotton for supplies furnished the tenant. But no question in reference to the admission of this evidence is presented here, for no objection was made to the evidence in trodueed at the trial or to the instructions of the court, and no exceptions of any kind was saved during the trial.
The only question raised by…
2Cases cited1 opinion
- Adams v. StateSupreme Court of Arkansas · 1897
3Cited by2 opinions
- Freeman v. StateSupreme Court of Arkansas · 1923
- Snider v. StateSupreme Court of Arkansas · 1967