Young v. State
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. J. W. Maktiu, Judge. 1. The indictment fails to allege that the person robbed' “was put in fear.” 1 Whart. Prec. Ind. & Pleas, see. 410' et seq.; 1 Whart. Or. Law, see. 857; 59 111., 233; Bisk. Dir.. & Lor ms, secs. 931-2, &e. 2. Anthony’s and Paine’s testimony should have been ex-eluded.
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APPEAL from Pulaski Circuit Court. J. W. Maktiu, Judge. 1. The indictment fails to allege that the person robbed' “was put in fear.” 1 Whart. Prec. Ind. & Pleas, see. 410' et seq.; 1 Whart. Or. Law, see. 857; 59 111., 233; Bisk. Dir.. & Lor ms, secs. 931-2, &e. 2. Anthony’s and Paine’s testimony should have been ex-eluded. The statements made by defendant in this connection, and his acts were induced by a belief that he was to-derive a benefit therefrom, viz: “that the robbery would be hushed up.” Whart. Gr. Do., secs. 646, 650-1-3, note 6; 10' Grat., 734; 2 Humph., 39; 5 Cush., 605; Corley…
1Opinion of the CourtBattle, J.
Young was indicted by the grand jury of Pulaski county for robbery. It is alleged in the indictment that he and two others, on the 1st day of July, 1887, in and-upon one Aaron Elmore wilfully and feloniously did make an assault, and fifty-eight dollars, describing it, and one hat, of the value of one dollar, and two pocket knives, worth one dollar, of the goods and chattels of said Aaron Elmore, from the person of said Elmore, “by force and against his will, feloniously, forcibly and violently did rob, steak take and carry away, against the peace and dignity of the state of Arkansas.’’ Young…
2Cited by5 opinions
- Nickels v. StateSupreme Court of Florida · 1925
- Hardin v. StateSupreme Court of Arkansas · 1898
- Greenwood v. StateSupreme Court of Arkansas · 1913
- Sutton v. StateSupreme Court of Arkansas · 1924
- Traver v. StateSupreme Court of Arkansas · 1904