Shepherd v. State
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court. Hon. M. T. Sanders, Circuit Judge. 1. There was no proof of value at all. Defendant was not indicted under the acts of 1883, page 10. Bishop, Cr. Pro., vol. 1, secs. 442, 360, 366; 13 Ark., 66. 2. The evidence was totalljT insufficient to sustain the verdict. There was no proof that. Shepherd was present or participated in the theft, or knew that the cow was stolen. The corpus delicti was not proven.
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APPEAL from Phillips Circuit Court. Hon. M. T. Sanders, Circuit Judge. 1. There was no proof of value at all. Defendant was not indicted under the acts of 1883, page 10. Bishop, Cr. Pro., vol. 1, secs. 442, 360, 366; 13 Ark., 66. 2. The evidence was totalljT insufficient to sustain the verdict. There was no proof that. Shepherd was present or participated in the theft, or knew that the cow was stolen. The corpus delicti was not proven. There is no proof that the cow was stolen. Bishop Crim. Pro., vol 1, sees. 499 to 502. Facts were proved showing that the cow was of some value. {13 Ark., 66.)…
1Opinion of the CourtCockrill, C. J.
The indictment was in two counts. One charged appellant with the larceny of a cow, .and the other with receiving the cow, knowing it to be stolen. There was a verdict of guilty, and punishment was assessed at two years in the penitentiary. The sufficiency of the evidence to sustain the verdict is questioned.
There were circumstances proved from which the ference maybe drawn, that the animal alleged to have been stolen was of some value, under the rule established in Houston v. State, 13 Ark., 66. It was not necessary to prove more than this under either count. The act of February 12, 1883,…
2Cases cited4 opinions
- State v. . PattersonSupreme Court of North Carolina · 1878
- Garcia v. StateTexas Supreme Court · 1862
- Davis v. StateMississippi Supreme Court · 1874
- Bailey v. StateIndiana Supreme Court · 1876
3Cited by6 opinions
- Mays v. StateSupreme Court of Arkansas · 1924
- Douglass v. StateSupreme Court of Arkansas · 1909
- Duckworth v. StateSupreme Court of Arkansas · 1907
- Wiley v. StateSupreme Court of Arkansas · 1909
- Crouthers v. StateSupreme Court of Arkansas · 1922
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