Brown v. State
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; Charles W. Smith, Special Judge; The indictment is defective. It fails to allege from whom the goods were stolen. There is a variance between the indictment' and evidence. Nor does the indictment charge that the railroad company is a corporation. Kirby’s Dig., § § 2231-2. 1. There is no variance.
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Appeal from Lafayette Circuit Court; Charles W. Smith, Special Judge; The indictment is defective. It fails to allege from whom the goods were stolen. There is a variance between the indictment' and evidence. Nor does the indictment charge that the railroad company is a corporation. Kirby’s Dig., § § 2231-2. 1. There is no variance. It is not necessray to prove a charter. 41 Tex. 215. 2. If a corporation is alleged as owner, only its de facto existence need be shown. 3 Bishop, New Or. PL, § 752 (2); 54 Atl. 683; 19 Cal. 598; 76 Ga. 551; 58 Ark. 19. 3. Proof of possession by the railroad…
1Opinion of the CourtWood, J.
The appellant was convicted of the crime of receiving stolen property, and sentenced to one year in the penitentiary. The indictment (omitting formal parts), is as follows:
The grand jury of Lafayette County, in the name and by the authority of the State of Arkansas, accuse the defendant, Brooks Brown, of the crime of grand larceny, committed as follows, towit: The said defendant, on the 10th day of February, 1913, in Lafayette County, Arkansas, six (6) pairs of men’s shoes, of the value of $5 per pair, the property of the St. Louis Southwestern Railroad Company, feloniously did steal, take…
2Cases cited6 opinions
- Fleener v. StateSupreme Court of Arkansas · 1893
- Lessee of Washington Sockman v. SockmanOhio Supreme Court · 1849
- McCowan v. StateSupreme Court of Arkansas · 1893
- Merritt v. StateSupreme Court of Arkansas · 1904
- Jones v. StateSupreme Court of Arkansas · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Smith v. StateSupreme Court of Arkansas · 1940
- Turner v. StateSupreme Court of Arkansas · 1913
- Bartlett v. StateSupreme Court of Arkansas · 1919
- Hoover v. StateSupreme Court of Arkansas · 1978
- Kelley v. Stern Publishing & Novelty Co.Supreme Court of Arkansas · 1921
2 more not listed; retrieve them via the Exa API.