Wilson v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District; Darnel Hon, Judge; The sixth instruction given by the court is erroneous. If the appellant took the property in good faith believing it to be his own, there was no larceny; the felonious intent to steal did not exist at the time of the talcing. And if this intent did not exist at the time of the taking, its subsequent formation would not constitute larceny. 13 Ark. 1Ó8; 40 Am.
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Appeal from Sebastian Circuit Court, Greenwood District; Darnel Hon, Judge; The sixth instruction given by the court is erroneous. If the appellant took the property in good faith believing it to be his own, there was no larceny; the felonious intent to steal did not exist at the time of the talcing. And if this intent did not exist at the time of the taking, its subsequent formation would not constitute larceny. 13 Ark. 1Ó8; 40 Am. Rep. 790; 55 S. W. 334; 70 Ark. 204; 69 Ark. 454; 60 Ark. 5; 34 Ark. 334. One who takes under a bona fide claim of right to do so is not guilty of larceny. 71…
1Opinion of the CourtMcCulloch, C. J.
Appellant was convicted of the crime of grand larceny in stealing a bull alleged to be the property of one iChapman. He took the bull from the range, claiming it to be his own which had strayed away, and kept it several months in his son’s pasture. Chapman heard of the bull being in his pasture, and laid claim to it, but appellant refused to give it up. Appellant afterwards sold it to a butcher, who killed it, and this prosecution was begun against appellant for stealing the bull.
At the trial of the case, appellant and Chapman both introduced testimony tending to establish their respective…
2Cases cited4 opinions
- Beckham v. StateSupreme Court of Alabama · 1893
- Lamb v. StateNebraska Supreme Court · 1894
- Billard v. StateTexas Supreme Court · 1867
- People v. MillerUtah Supreme Court · 1886
3Cited by6 opinions
- Fuller v. StateSupreme Court of Arkansas · 1950
- State v. LevySupreme Court of Vermont · 1944
- State v. McCartyNorth Dakota Supreme Court · 1921
- Collins v. StateSupreme Court of Arkansas · 1931
- Anglin v. StateSupreme Court of Arkansas · 1949
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