Andrews v. State
Supreme Court of Arkansas
Appeal from Washington Circuit Court; J. S. Maples, Judge; 1. An indictment which alleges that the stolen property was the “property of J. R. Stockburger, E. P. Pearson and the estate of C. E. Miller, deceased, a partnership doing business at Winslow under the firm name and style of Stockburger, Miller & Company, ” is not supported by proof that the partnership was composed of Stockburger, Pearson and A. E. Miller.
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Appeal from Washington Circuit Court; J. S. Maples, Judge; 1. An indictment which alleges that the stolen property was the “property of J. R. Stockburger, E. P. Pearson and the estate of C. E. Miller, deceased, a partnership doing business at Winslow under the firm name and style of Stockburger, Miller & Company, ” is not supported by proof that the partnership was composed of Stockburger, Pearson and A. E. Miller. The variance is fatal. 6 S. W. 200; 225 111. 610; 73 Ark. 32. 2. The evidence fails to connect the appellant with any participation in the crime, either by way of receiving the…
1Opinion of the CourtMcCulloch, C. J.
Defendant, Pearl Starr Andrews, appeals from a judgment of conviction under an indictment charging her with the crime of receiving stolen property, being a lot of merchandise described in detail and alleged to be “the property of J. R. Stockburger, E. P. Pearson and the estate of C. E. Miller, deceased, a partnership doing business at Winslow, in said county and State, under the firm name and style of Stockburger, Miller & Company.”
The evidence showed that the partnership named in the indictment was composed of J. R. Stockburger, E. P. Pearson and A. E. Miller, instead of the estate of C. E.…
2Cases cited4 opinions
- Blankenship v. StateSupreme Court of Arkansas · 1891
- France v. StateSupreme Court of Arkansas · 1900
- Jones v. StateSupreme Court of Arkansas · 1908
- Merritt v. StateSupreme Court of Arkansas · 1904
3Cited by13 opinions
- Gunter v. StateCourt of Criminal Appeals of Oklahoma · 1919
- Davis v. StateSupreme Court of Arkansas · 1915
- Hoover v. StateSupreme Court of Arkansas · 1978
- Long v. StateSupreme Court of Arkansas · 1919
- Hughes v. StateSupreme Court of Arkansas · 1913
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