Miller v. State
Supreme Court of Arkansas
Appeal from Greene Circuit Court; J. F. Gautney, Judge; The court should have sustained appellants’ request for a directed verdict of acquittal. Under the evidence, they had possession of the lot where the gate was for three years after the sale of the land. The enclosure was neither the enclosure of Smith nor in his possession, the possession of the mill lot and its fences never having passed from defendant, J. C. Miller.
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Appeal from Greene Circuit Court; J. F. Gautney, Judge; The court should have sustained appellants’ request for a directed verdict of acquittal. Under the evidence, they had possession of the lot where the gate was for three years after the sale of the land. The enclosure was neither the enclosure of Smith nor in his possession, the possession of the mill lot and its fences never having passed from defendant, J. C. Miller. Kirby’s Dig., § 1913. 1. The reservation in the deed is not of the lot, but only of the mill and timber and the right to remove the same. The fence around the lot was the…
1Opinion of the CourtWood, J.
The appellants were convicted under the provisions of section 1913, of Kirby’s Digest, which makes it a misdemeanor “to pull down or break the fence, or leave open the gate of the farm, plantation or other enclosed ground of another.”
The appellant, J. C. Miller, sold some land in Q-reene County to J. B. Smith and Mrs. Harrelson. Miller executed separate deeds to the lands, conveying a certain tract to J. B. Smith and a certain other tract to Mrs. Harrelson, which deed contained the following reservation: “The parties of the first part reserve all the merchantable timber upon the tract of…
2Cited by3 opinions
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