McLemore v. State
Supreme Court of Arkansas
Appeal from Union Circuit Court; W. E. Patterson, Judge; STATEMENT BY THE COURT. H. E. McLemore was indicted for the crime of larceny, charged to have been committed by stealing a cow belonging to C. H. Murphy, in Union County, Arkansas.
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Appeal from Union Circuit Court; W. E. Patterson, Judge; STATEMENT BY THE COURT. H. E. McLemore was indicted for the crime of larceny, charged to have been committed by stealing a cow belonging to C. H. Murphy, in Union County, Arkansas. The facts, as developed by the State, are substantially as follows: In the latter part of the year 1911, C. H. Murphy, of El Dorado, in Union County, Arkansas, and Cage McLemore, of Felsenthal, in the same county, entered into a verbal contract by which it was agreed that C. H..Murphy should furnish the money with which to purchase cattle to be placed on what…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is first insisted by counsel for the defendant that the court erred in refusing to give instruction No. 11, asked by him. We do not think the court erred in refusing to give this instruction. It is as follows:
“If you find from the evidence in the case that it was the intention of C. H. Murphy and Cage McLemore to form a partnership for the benefit of each, and that each of them contributed either money or services to said partnership, with the understanding that there should be a community of interest in the profits of the business in a fixed proportion,…
2Cases cited10 opinions
- Greenwood v. StateSupreme Court of Arkansas · 1913
- State v. BerberickMontana Supreme Court · 1909
- Commonwealth v. KillionMassachusetts Supreme Judicial Court · 1907
- Harshaw v. StateSupreme Court of Arkansas · 1910
- People v. GukouskiIllinois Supreme Court · 1911
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3Cited by10 opinions
- Vogt v. United StatesCourt of Appeals for the Fifth Circuit · 1946
- State v. HilsingerWashington Supreme Court · 1932
- Smith v. StateSupreme Court of Arkansas · 1949
- Lind v. StateSupreme Court of Arkansas · 1918
- Smedley v. StateSupreme Court of Arkansas · 1917
5 more not listed; retrieve them via the Exa API.