Barnes v. State

Elsijane T. Roy, Justice.

Appellant David Barnes was convicted of the offense of defrauding an innkeeper in violation of Ark. Stat. Ann. § 41-1908 (Repl. 1964), which reads as follows:

Any person who shall obtain food, lodging or other accommodation at any hotel, inn, motel, motor court, motor lodge, resort, boarding or eating place with intent to defraud the owner or keeper thereof, shall be punished in the manner provided by law for the offense of larceny.

On appeal appellant first alleges error in one of the court’s instructions. The objection was to the following comment in Instruction No. 5: