State v. Boyce
Supreme Court of Arkansas
Appeal from Independence Circuit Court. Richard H. Powell, Judge. STATEMENT BY THE COURT. Appellee was indicted at the spring term, 1896, of the Independence circuit court for petit larceny.
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Appeal from Independence Circuit Court. Richard H. Powell, Judge. STATEMENT BY THE COURT. Appellee was indicted at the spring term, 1896, of the Independence circuit court for petit larceny. The indictment, omitting the caption, reads as follows: “The grand jury of Independence county, in the name and by the authority of the State of Arkansas, accuse Joe Boyce of the crime of larceny, committed as follows, viz.: That the said Joe Boyce, on the first day of October, 1895, in the county and state aforesaid, then and there being, $3 in the gold and silver coin and paper currency of the United…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) The indictment in this case charges only petit larceny, which is only a misdemeanor, the value of the money stolen being stated at less than ten dollars. Sand. So H. Dig., § 1699. It was therefore unnecessary to charge that the taking, etc., was feloniously done.
It is true that the definition of larceny, according to our statute, is as follows: “Larceny is the felonious stealing, taking and carrying, riding or driving away, the personal property of another.” Sand. So H. Dig., § 1694. Since the p-.ssage of this statute, a distinction has been made between…
2Cases cited1 opinion
- People Ex Rel. Jourdan v. DonohueNew York Court of Appeals · 1881
3Cited by6 opinions
- Cason v. StateCourt of Appeals of Georgia · 1914
- Marshall v. StateSupreme Court of Arkansas · 1903
- Silvie v. StateSupreme Court of Arkansas · 1915
- State v. PerrySupreme Court of Arkansas · 1910
- California Ins. Co. v. Security State Bank of MiamiSupreme Court of Oklahoma · 1929
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