Ragland v. State
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. Antonio B. Grace, Judge. There being no evidence to show intent to commit grand larceny, the defendant was guilty of a trespass at most. Underhill, Cr. Ev. § 377; 3 Green. Ev. § 92; Rapalje, Larc. § 354; 109 111. 109; 12 Nev. 37. In the absence of intent to commit a felony, the breaking and entering constituted a mere trespass. 42 La. An. 273; Arch. Cr. PI. & Pr. 340; Roscoe, Cr. Ev. 365; 5 Am. & Eng. Enc.
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Appeal from Jefferson Circuit Court. Antonio B. Grace, Judge. There being no evidence to show intent to commit grand larceny, the defendant was guilty of a trespass at most. Underhill, Cr. Ev. § 377; 3 Green. Ev. § 92; Rapalje, Larc. § 354; 109 111. 109; 12 Nev. 37. In the absence of intent to commit a felony, the breaking and entering constituted a mere trespass. 42 La. An. 273; Arch. Cr. PI. & Pr. 340; Roscoe, Cr. Ev. 365; 5 Am. & Eng. Enc. Law (2d Ed.) 59. The intent must be proved or implied from some overt act, if the' felony is not actually carried out. 4 Park. Cr. Rep. 153; 5 Am. &…
1Opinion of the CourtWood, J.
Appellant appeals from a conviction for burglary, and insists upon a reversal of the judgment for the following reasons:(1) Because there was no evidence to show intent to commit grand larceny, the felony which it is charged he intended to commit. The proof tends to show that appellant, about one o’clock at night, opened a window of the bed room of the house of one Mrs. Amanda Grace, and thrust in his head, when she screamed and ran for aid. In the room adjoining her bed room, she kept the post office, and sometimes had registered packages therein of over the value of ten dollars. Appellant…
2Cases cited2 opinions
- People v. SotoCalifornia Supreme Court · 1879
- Harvick v. StateSupreme Court of Arkansas · 1887
3Cited by8 opinions
- Duchac v. StateTennessee Supreme Court · 1973
- Sellers v. StateSupreme Court of Arkansas · 1909
- Duren v. StateSupreme Court of Arkansas · 1922
- Petree v. StateCourt of Criminal Appeals of Tennessee · 1975
- Jackson v. StateSupreme Court of Arkansas · 1949
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