Cook v. State
Supreme Court of Arkansas
Appeal from Conway Circuit Court; A. B. Priddy, Judge; 1. There was a total failure of proof as to value. 2. There was a variance in the money alleged to have been stolen and the proof. 3. The offense was not larceny, hut, if anything, robbery. 4. The remarks of the prosecuting attorney were improper and prejudicial. The indictment charges that defendant stole “thirty-one dollars, gold, silver and paper money of the value of thirty-one dollars.”
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Appeal from Conway Circuit Court; A. B. Priddy, Judge; 1. There was a total failure of proof as to value. 2. There was a variance in the money alleged to have been stolen and the proof. 3. The offense was not larceny, hut, if anything, robbery. 4. The remarks of the prosecuting attorney were improper and prejudicial. The indictment charges that defendant stole “thirty-one dollars, gold, silver and paper money of the value of thirty-one dollars.” In charging the unlawful taking of money by larceny, etc., the money need not be more particularly described “further than to allege gold, silver or…
1Opinion of the CourtSmith, J.
Appellant seeks by this appeal to reverse the judgment of the court below sentencing him to the penitentiary for a period of one year for the crime of grand larceny. The indictment charges that appellant “did take and carry away thirty-one dollars, gold, silver, and paper money, of the value of thirty-one dollars, of the personal property of B. B. Gordon, * * * etc.”
The proof on the part of the State tended to show that the money was taken from the person of Gordon, the owner thereof, by robbery, and appellant asked instructions to the effect that a conviction could not be had under an…
2Cases cited5 opinions
- Routt v. StateSupreme Court of Arkansas · 1896
- Graves v. StateIndiana Supreme Court · 1889
- Burrows v. StateIndiana Supreme Court · 1894
- McCarty v. StateIndiana Supreme Court · 1891
- State v. DownsIndiana Supreme Court · 1897
3Cited by10 opinions
- Caton v. StateSupreme Court of Arkansas · 1972
- Hall v. StateSupreme Court of Arkansas · 1923
- Criglow v. StateSupreme Court of Arkansas · 1931
- Jenkins v. StateSupreme Court of Arkansas · 1917
- Haskins v. StateSupreme Court of Arkansas · 1921
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