Tally v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, First Division, Robert J. Lea, Judge; reversed. STATEMENT BY THE COURT. The appellant was convicted of embezzlement on an indictment which charges as follows: “The said W. W. Tally, in the county and State aforesaid, on the 10th day of May, A. D. 1912, one horse of the value of one hundred and fifty dollars and one buggy of the value of one hundred dollars the property of Reinman’s Stables, a copartnership composed of Louis Reinman and L.…
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Appeal from Pulaski Circuit Court, First Division, Robert J. Lea, Judge; reversed. STATEMENT BY THE COURT. The appellant was convicted of embezzlement on an indictment which charges as follows: “The said W. W. Tally, in the county and State aforesaid, on the 10th day of May, A. D. 1912, one horse of the value of one hundred and fifty dollars and one buggy of the value of one hundred dollars the property of Reinman’s Stables, a copartnership composed of Louis Reinman and L. Wolfort, and being then and there the bailee of said Louis Reinman and L. Wolfort, did unlawfully and feloniously convert…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. The indictment does not state facts constituting a public offense. It does not state facts sufficient to constitute the offense of embezzlement. To constitute embezzlement of the horse, and buggy, it was necessary to charge that same came into the possession of appellant as bailee. The indictment does allege that the appellant was bailee of Reinman & Wolfort, and this was sufficient to show his fiduciary capacity. But nowhere is it alleged that the horse and buggy came into his possession as such bailee, nor is it alleged that the horse and buggy being…
2Cases cited6 opinions
- Wallis v. StateSupreme Court of Arkansas · 1891
- Watson v. StateSupreme Court of Alabama · 1881
- Compton v. StateSupreme Court of Arkansas · 1911
- Driver v. MooreSupreme Court of Arkansas · 1906
- Norton v. StateSupreme Court of Missouri · 1836
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lewis v. StateSupreme Court of Arkansas · 1952
- Sullivant v. Pennsylvania Fire InsuranceSupreme Court of Arkansas · 1954
- Stockton v. StateSupreme Court of Arkansas · 1927