Hempstead County v. McCollum
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court. RuEus D. Hearn, Judge. Fanning v. State, 47 Ark. 442 settles this case adversely to appellee. There was but one indictment, one plea, one legal proceeding of record, one judgment, and hence but one conviction. There was but one case between the State and the defendant. The defendant' was convicted of two offenses, larceny and burgdary, and there should have been separate sentences. Mansf.
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Appeal from Hempstead Circuit Court. RuEus D. Hearn, Judge. Fanning v. State, 47 Ark. 442 settles this case adversely to appellee. There was but one indictment, one plea, one legal proceeding of record, one judgment, and hence but one conviction. There was but one case between the State and the defendant. The defendant' was convicted of two offenses, larceny and burgdary, and there should have been separate sentences. Mansf. Dig', sec. 2317. 47 Ark. 442 only holds that there was one conviction. In this case defendant was convicted of burgdary and of larceny, two distinct offenses. Defendants…
1Opinion of the CourtWood, J.
This case was tried upon the following-facts : ‘ ‘ Pitt Anderson was indicted for the crimes of burglary and grand larceny. The indictment contained two counts, one for burglary and the other for grand larceny. There was but one' indictment, one plea of not guilty, one trial before one jury. The jury trying the case returned into court the. following verdict, to-wit: ‘ We, the jury, find the defendant guilty of burglary, and assess his punishment at three years in the penitentiary ; and also find the defendant guilty of grand larceny,_ and assess his punishment at two years in the…
2Cases cited5 opinions
- Taliaferro v. BarnettSupreme Court of Arkansas · 1886
- Fanning v. StateSupreme Court of Arkansas · 1886
- Straugban v. StateSupreme Court of Arkansas · 1855
- Borschenious v. PeopleIllinois Supreme Court · 1866
- State v. BrownSupreme Court of Vermont · 1877
3Cited by4 opinions
- Campbell v. StateSupreme Court of Arkansas · 1989
- Peay v. Pulaski CountySupreme Court of Arkansas · 1912
- Ashcraft v. StateSupreme Court of Arkansas · 1919
- Campbell v. StateSupreme Court of Arkansas · 1989