Bartlett v. State
Supreme Court of Arkansas
Appeal from Howard Circuit Court; James 8. Steel, Judge; 1. The court erred in giving instruction No. 1 for the State, because there is no proof that the gun taken was the property of the United States Government, except the conclusion testified to by Mr. Beavers, and there is a variance between the indictment and the proof, as the proof shows that the depot was the property of the Missouri Pacific Railroad Company and so was the money, and not that of the Missouri Pacific…
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Appeal from Howard Circuit Court; James 8. Steel, Judge; 1. The court erred in giving instruction No. 1 for the State, because there is no proof that the gun taken was the property of the United States Government, except the conclusion testified to by Mr. Beavers, and there is a variance between the indictment and the proof, as the proof shows that the depot was the property of the Missouri Pacific Railroad Company and so was the money, and not that of the Missouri Pacific Railway Company. 2. No. 2 for the State should not have been given. There was error also in giving the 3rd instruction…
1Opinion of the CourtSmith, J.
Appellant seeks by this appeal to have reversed the judgment of the Howard Circuit Court sentencing him to a term of three years in the penitentiary upon a charge of burglary. The indictment charged that the property which appellant intended to steal was an iron chest of the value of $10 and $125 in gold, silver and paper money, all being the property of the Missouri Pacific Railway Company, a corporation, and one gun, the property of the United States Government, of the value of $25. The indictment also alleged that the building broken into was “a certain station house owned and occupied by…
2Cases cited1 opinion
- Brown v. StateSupreme Court of Arkansas · 1913
3Cited by9 opinions
- Upton v. StateSupreme Court of Arkansas · 1974
- Harshaw v. StateSupreme Court of Arkansas · 1982
- Griffin v. StateSupreme Court of Arkansas · 1919
- Cooper v. StateSupreme Court of Arkansas · 1949
- Hammond v. StateSupreme Court of Arkansas · 1960
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