Marshall v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court. Styles T. Rowe, Judge. Appellants E. J. Marshall and Ed Burdett were indicted for grand larceny.
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Appeal from Sebastian Circuit Court. Styles T. Rowe, Judge. Appellants E. J. Marshall and Ed Burdett were indicted for grand larceny. Omitting formal allegations, the indictment was as follows : “The grand jury of Sebastian county for the Eort Smith district thereof, in the name and by the authority of the State of Arkansas, accuse the defendants, E. J. Marshall and Ed Burdett, of the crime of grand larceny, committed as follows, to-wit: The said defendants, in the county and district aforesaid, on the 15th day of October, 1902, one pocket-book, of the value of $1, thirty-five dollars gold,…
1Opinion of the CourtWood, J.
The indictment was sufficient. Sand. & H. Dig. § 1717; State v. Boyce, 65 Ark. 82.
It was not necessary, under section 1717, supra, to particularly describe in the indictment the kind of money taken further than gold, silver or paper money. But, inasmuch as the money was described as “of the TJnited States,” it was made a part of the description, and the prosecuting attorney should have proved it. Also that it was “gold, silver and paper money” as alleged. This was not done, and the court should have given the instruction asked for by appellants. Wilburn v. State, 60 Ark. 14; Starchman v.…
2Cases cited7 opinions
- Starchman v. StateSupreme Court of Arkansas · 1896
- Scripps v. ReillyMichigan Supreme Court · 1877
- Watson v. StateSupreme Court of Georgia · 1879
- Hamilton v. StateIndiana Supreme Court · 1877
- McFalls v. StateSupreme Court of Arkansas · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
- Clark v. StateSupreme Court of Arkansas · 1974
- Jones v. StateSupreme Court of Arkansas · 1909
- Fletcher v. StateSupreme Court of Arkansas · 1910
- Silvie v. StateSupreme Court of Arkansas · 1915
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