Bloom v. State
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court. J. E. Gatewood, Special Judge. The evidence fails to prove the venue as laid in the indictment.
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Appeal from Lonoke Circuit Court. J. E. Gatewood, Special Judge. The evidence fails to prove the venue as laid in the indictment. This allegation was material, and the state is required to prove it. 8 Ark. 406; ib. 455; 13 Ark. 110; 16 Ark, 505; 25 Ark. 435; 30 Ark. 41; 35 Ark. 389; 56 Ark. 244; 58 Ark. 396; 20 Ark. 174; 62Ark. 499; 55 S. W. 15; 17 S. W. 5. The court erred in giving- the fourth instruction asked by the state, upon the weight to be given to the evidence of a witness guilty of false swearing. 56 Ark. 244. The false swearing must be wilful. The venue was proved. Yenue may be…
1Opinion of the Court
Hughes, J.,
The appellant was indicted in Arkansas county for the larceny in that county of four steers.
Appellant contends that there is no proof of the venue as .laid in the indictment. There is no direct proof that the steers were stolen in Arkansas county, but there is circumstantial evidence that they were stolen in that county. The testimony tends to show that they ranged thirteen miles southeast of Stuttgart, in Arkansas county, and were in charge of P. W. Turley; that they were missed from their range the latter part of September, and were sold in Lonoke county 2d of October following.…
2Cases cited2 opinions
- Wilder v. StateSupreme Court of Arkansas · 1874
- Wilson v. StateSupreme Court of Arkansas · 1896
3Cited by9 opinions
- Vernon v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- Douglass v. StateSupreme Court of Arkansas · 1909
- Jackson v. StateSupreme Court of Arkansas · 1910
- Lee v. StateSupreme Court of Arkansas · 1904
- Pickett v. StateSupreme Court of Arkansas · 1909
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