Fletcher v. State
Supreme Court of Arkansas
Appeal from Bradley Circuit Court; H. W. Wells, Judge; 1. In an indictment for larceny, allegations of ownership are material and must be proved as alleged. 73 Ark. 32. The proof is not sufficient to fix the ownership of the hog in the prosecuting witnesses.
Read the full summary
Appeal from Bradley Circuit Court; H. W. Wells, Judge; 1. In an indictment for larceny, allegations of ownership are material and must be proved as alleged. 73 Ark. 32. The proof is not sufficient to fix the ownership of the hog in the prosecuting witnesses. As to the mark, while it might not have been necessary to allege it in the indictment, yet, since the State elected to allege it, it became material, and must be proved as laid. 31 Ark. 49. See also 13 Ark. 168; 62 Ark. 538; 61 Ark. 15; 73 Ark. 169. 2. The first and third instructions were misleading, and invaded the province of the jury.…
1Opinion of the CourtFrauenthal, J.
This is an appeal prosecuted by the appellants from a judgment convicting them of the crime of grand larceny. The indictment upon which they were tried charged that they “unlawfully and feloniously did, with the felonious intent to steal, take and carry away and kill one hog, the property of R. S. Jolly and R. J. Berryman, said hog being marked two splits in left ear and underslope in right ear.” The testimony on the part of the State tended to prove that R. S. Jolly and R. J. Berryman owned a number of hogs which were accustomed to range in what was called the “bottom,” and within about a…
2Cases cited5 opinions
- Blankenship v. StateSupreme Court of Arkansas · 1891
- Starchman v. StateSupreme Court of Arkansas · 1896
- McCowan v. StateSupreme Court of Arkansas · 1893
- Merritt v. StateSupreme Court of Arkansas · 1904
- Marshall v. StateSupreme Court of Arkansas · 1903
3Cited by10 opinions
- McLemore v. StateSupreme Court of Arkansas · 1914
- Silvie v. StateSupreme Court of Arkansas · 1915
- Rynes v. StateSupreme Court of Arkansas · 1911
- Harrell v. StateSupreme Court of Arkansas · 1925
- Mooney v. StateSupreme Court of Arkansas · 1919
5 more not listed; retrieve them via the Exa API.