Lawhorn v. State
Supreme Court of Arkansas
Appeal from Pulton Circuit Court; George W. Reed, Judge; STATEMENT BV THE COURT. The appellant was tried and convicted at the February term, 1913, of the Pulton Circuit Court for the offense of selling mortgaged property.
Read the full summary
Appeal from Pulton Circuit Court; George W. Reed, Judge; STATEMENT BV THE COURT. The appellant was tried and convicted at the February term, 1913, of the Pulton Circuit Court for the offense of selling mortgaged property. The indictment alleged, substantially, that the said I. E. Lawhorn on the 10th day of October, 1911, with the intent to cheat and defraud one E. L. Jackson, did feloniously sell, barter, and dispose of six hundred pounds of seed cotton of the value of $18, upon which cotton the said E. L. Jackson then and there had a lien by virtue of a certain mortgage. Many exceptions were…
1Opinion of the Court
Smith, J.,
(after stating the facts). It is insisted upon the part of the State that “It is not necessary to show a criminal intent, since the statute itself defines what shall constitute the crime,” and to support this position, we are cited to the opinion by Chief Justice Cockrill in the case of Beard v. State, 43 Ark. 284, where he said: “The statute (disposing of mortgaged property) upon which the indictment in the case is based, makes it a crime to dispose of personal property under the particular circumstances. When a party voluntarily does the act prohibited, he is charged with the…
2Cases cited2 opinions
- Beard v. StateSupreme Court of Arkansas · 1884
- Seelig v. StateSupreme Court of Arkansas · 1884
3Cited by4 opinions
- Hill v. StateSupreme Court of Arkansas · 1972
- State v. DixonSupreme Court of Arkansas · 1945
- Murry v. StateSupreme Court of Arkansas · 1921
- Hill v. StateSupreme Court of Arkansas · 1972