Legal Opinion

Johnson v. State

Supreme Court of Arkansas

Decided May 27, 1905PublishedCited by 22 opinions

Appeal from Saline Circuit Court. Alexander M. Dueeie, Judge. Appellant was not guilty of larceny. 2 Bish. Cr. Law, § 75^; 3 Green. Ev. § § 150, 160; 18 Am. Eng, Enc. Law, 459; Russell, Crimes, 200; 45 N. Y. 392. Where the property is voluntarily parted with, there is no larceny. 17 111. 399; 2 Phila. 385; 94 N. Y. 90; 23 N. Y. 61; 53 N. Y. 11; 13 Atl. 422; 25 L. R. A. 346; 43 Pac. 2; 2 Q. B. 312; 59 Pac. 593; 36 Ps. 506; 22 So. 378; 49 Ark. 147; 87 S. W. 836; 178 Pa.

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Appeal from Saline Circuit Court. Alexander M. Dueeie, Judge. Appellant was not guilty of larceny. 2 Bish. Cr. Law, § 75^; 3 Green. Ev. § § 150, 160; 18 Am. Eng, Enc. Law, 459; Russell, Crimes, 200; 45 N. Y. 392. Where the property is voluntarily parted with, there is no larceny. 17 111. 399; 2 Phila. 385; 94 N. Y. 90; 23 N. Y. 61; 53 N. Y. 11; 13 Atl. 422; 25 L. R. A. 346; 43 Pac. 2; 2 Q. B. 312; 59 Pac. 593; 36 Ps. 506; 22 So. 378; 49 Ark. 147; 87 S. W. 836; 178 Pa. St. 23. The evidence of Cobb as to the circumstances of a race run a month after the Doucette race was inadmissible. Under.…

1Opinion of the CourtHire, C. J.

The appellant was indicted by the grand jury of Garland County for the crime of larceny, and on change of venue was convicted in Saline County, and sentenced to four years in the penitentiary, and has appealed.

About 1902 a party of men, known by various names, among others the “Buckfoot Gang,” were operating in various parts of the country. Their scheme was to have a foot race between two well-advertised runners. One of them was to be the favorite runner of a club of millionaires who were given to sports of all kinds. The other was comparatively unknown, but very swift and known to the club…

2Cases cited2 opinions

  1. Howard v. StateSupreme Court of Arkansas · 1904
  2. Hindman v. StateSupreme Court of Arkansas · 1904

3Cited by22 opinions

  1. Caton v. StateSupreme Court of Arkansas · 1972
  2. Speer v. StateSupreme Court of Arkansas · 1917
  3. Stewart v. WrightCourt of Appeals for the Eighth Circuit · 1906
  4. State v. DuLaneySupreme Court of Arkansas · 1908
  5. Updegraff v. Marked Tree Lumber Co.Supreme Court of Arkansas · 1907

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