Kent v. State
Supreme Court of Arkansas
Appeal from Little River Circuit Court; James 8. Steel, Judge; 1. The indictment is not sufficient; it is fatally defective, because it omits the words “with intent to.embezzle or convert to his own use.” Kirby’s Digest, §§ 1830, 1837; 58 Ark. 98, 105; 111 Id. 180, 186; 118 Id. 44. 2. Jones and Keith were partners as a matter of law. 74 Ark. 437; 145 U. S. 61; 63 Ark. 518. 3. There is a fatal variance between the indictment and the proof.
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Appeal from Little River Circuit Court; James 8. Steel, Judge; 1. The indictment is not sufficient; it is fatally defective, because it omits the words “with intent to.embezzle or convert to his own use.” Kirby’s Digest, §§ 1830, 1837; 58 Ark. 98, 105; 111 Id. 180, 186; 118 Id. 44. 2. Jones and Keith were partners as a matter of law. 74 Ark. 437; 145 U. S. 61; 63 Ark. 518. 3. There is a fatal variance between the indictment and the proof. Ill Ark. 186; 71 Id. 418. 4. The court erred in admitting testimony as to certain checks as the indictment does not charge embezzlement of checks nor the…
1Opinion of the CourtWood, J.
Appellant appeals from a judgment convicting him-of embezzlement.
The indictment, omitting the caption and conclusion, is as follows: “The said J. T. Kent, in the county and State aforesaid, on the 5th day of October, 1919, being then and there over the age of 16 years, being the agent of W. A. Jones, and having then and there in his hands and possession as the agent of the said W. A. Jones, as aforesaid, three hundred and seventy dollars in gold, silver and paper money of the value of $370, the property of the said W. A. Jones, as aforesaid, did unlawfully, fraudulently and feloniously make…
2Cases cited4 opinions
- Fleener v. StateSupreme Court of Arkansas · 1893
- Rector v. RobinsSupreme Court of Arkansas · 1905
- State v. BillsSupreme Court of Arkansas · 1915
- Farrell v. StateSupreme Court of Arkansas · 1914
3Cited by11 opinions
- Hall v. StateSupreme Court of Arkansas · 1923
- Slinkard v. StateSupreme Court of Arkansas · 1937
- Peck v. United StatesCourt of Appeals for the Seventh Circuit · 1933
- Malone v. HinesCourt of Appeals of Arkansas · 1992
- Heath v. StateSupreme Court of Arkansas · 1944
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