Haley v. State
Supreme Court of Arkansas
APPEAL from Saline Circuit Court. J. B. Wood, Judge. I. On an indictment for robbery, there can be no conviction of larceny. There can be no robbery without -violence, and there can be no larceny with it. 12 Ga., 2gj. Larceny is not a degree of robbery, nor are they of the same genus, and secs. 2288-9, Mansf. Dig., do not apply. Robbery and larceny cannot be charged in the same indictment. See jj Ark., 556; j Chitty Cr.
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APPEAL from Saline Circuit Court. J. B. Wood, Judge. I. On an indictment for robbery, there can be no conviction of larceny. There can be no robbery without -violence, and there can be no larceny with it. 12 Ga., 2gj. Larceny is not a degree of robbery, nor are they of the same genus, and secs. 2288-9, Mansf. Dig., do not apply. Robbery and larceny cannot be charged in the same indictment. See jj Ark., 556; j Chitty Cr. Law, 806; Comyns Rep., 447; 2 Strange, 1014. 2. Huff’s long silence and failure to have appellants arrested, was a circumstance to be considered by the jury, and the court…
1Opinion of the CourtSmith, J.
The indictment charged that the defendants “sundry bills of United States currency of the aggregate value of $$00, etc., of money and personal property of one Perry Huff, feloniously, violently, by force and intimidation, from the person and against the will of him the said Perry Huff, then and there feloniously and violently did steal, take and carry away, against the peace,” etc.
The jury found the defendants guilty of grand larceny. Motions for a new trial and in arrest of judgment were refused; and judgment of confinement in the penitentiary was pronounced against them.
The ground of the…
2Cases cited6 opinions
- Loomis v. . PeopleNew York Court of Appeals · 1876
- People v. M'GowanNew York Supreme Court · 1837
- Hickey v. StateIndiana Supreme Court · 1864
- People v. JonesCalifornia Supreme Court · 1878
- State v. JenkinsSupreme Court of Missouri · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Caton v. StateSupreme Court of Arkansas · 1972
- Ackerson v. United StatesCourt of Appeals for the Eighth Circuit · 1950
- Scifres v. StateSupreme Court of Arkansas · 1958
- Caton v. StateSupreme Court of Arkansas · 1972
- Hogue v. StateSupreme Court of Arkansas · 1910
3 more not listed; retrieve them via the Exa API.