Bowlin v. State
Supreme Court of Arkansas
Appeal from Greene Circuit Court. Allen N. Hughes, Judge. The indictment-was fatal on demurrer. Sand. & H. Dig. § 1883; 33 Ark. 563; 50 Ark. 501; Rapalje. Larceny, 446, 648; Hughes, Cr. L. § § 774, 792. To constitute robbery, the taking must be from the person or in the presence of the person robbed. Hughes, Cr. L- 566, 782; Rapalje, Larceny, 444; Hughes, Cr.
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Appeal from Greene Circuit Court. Allen N. Hughes, Judge. The indictment-was fatal on demurrer. Sand. & H. Dig. § 1883; 33 Ark. 563; 50 Ark. 501; Rapalje. Larceny, 446, 648; Hughes, Cr. L. § § 774, 792. To constitute robbery, the taking must be from the person or in the presence of the person robbed. Hughes, Cr. L- 566, 782; Rapalje, Larceny, 444; Hughes, Cr. L. § § 766, 782. The defendant had a right to a full and correct statement of the law, which was omitted in this case. Hughes, Cr. L. § 3243; 56 Ark. 594; 60' Ark. 613; 63 Ark. 262; Rapalje, Larceny, § 248. The instruction defining an…
1Opinion of the CourtWood, J.
Appellant was convicted of the crime of robbery. The indictment was sufficient. So much of the evidence as is necessary to explain the point decided is given by the prosecuting witness as follows:
“I went in there and hung that jug over the horn of my saddle, and I got on my horse. I unhitched him before I hung the jug over the horn of my saddle, and as I went to get up on my horse those two men walked up to me, and Ben Bowlin took hold of my horse, and asked me to swap horses with him, and I told him I would not, and Zollie Carpenter came up and asked me for a drink of whisky, and I told him…
2Cases cited1 opinion
- Routt v. StateSupreme Court of Arkansas · 1896
3Cited by3 opinions
- Lamore v. United StatesCourt of Appeals for the D.C. Circuit · 1943
- Floyd v. StateSupreme Court of Arkansas · 1906
- People v. SteinNew York Court of General Session of the Peace · 1916