Legal Opinion

Blackshare v. State

Supreme Court of Arkansas

Decided April 18, 1910PublishedCited by 24 opinions

Appeal from Clay Circuit Court, Eastern District; Frank Smith, Judge; The property must have been stolen before defendant can be oonvicted of receiving stolen property. 8 So. 529; 32 Gratt. 946; 34 Am.

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Appeal from Clay Circuit Court, Eastern District; Frank Smith, Judge; The property must have been stolen before defendant can be oonvicted of receiving stolen property. 8 So. 529; 32 Gratt. 946; 34 Am. R. 799; 106 Ind. 272. Defendant must have known it to have been stolen. 118 N. W. 1042; 94 Pac. 218; 105 Minn. 217; 61 S. W. 1072. A verdict finding defendant guilty of receiving stolen property is insufficient to support a judgment or sentence. 44 So. 940; 54 Fla. 96; 43 So. 311; 55 Ga. 191; 38 La. Ann. 357; 67 Pac. 42; 135 Cal. 61. It is necessary to show that the intent to steal existed at…

1Opinion of the CourtWood, J.

The grand jury of the Eastern District of Clay County, at its January term, 1910, indicted the appellant, Lin Blackshare, for larceny and knowingly receiving stolen property, with the intent to deprive the true owner of his property, which indictment, omitting the formal parts, is as follows:

“Count 1.
“The grand jury, in and for the district, county and State aforesaid, under and by the authority of the State of Arkansas, accuse the person named in the caption hereof as defendant of the crime of larceny, committed as follows, towit: On the tenth day of June, 1909, in the district, county and…

2Cases cited10 opinions

  1. Commonwealth v. MasonMassachusetts Supreme Judicial Court · 1870
  2. People v. TilleyCalifornia Supreme Court · 1901
  3. Fagg v. StateSupreme Court of Arkansas · 1888
  4. State v. . WhitakerSupreme Court of North Carolina · 1883
  5. O'Connell v. StateSupreme Court of Georgia · 1875

5 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. State v. BroadnaxSupreme Court of Louisiana · 1950
  2. Hall v. StateSupreme Court of Arkansas · 1923
  3. Russell v. WebbSupreme Court of Arkansas · 1910
  4. Davis v. StateSupreme Court of Arkansas · 1910
  5. Russell v. StateSupreme Court of Arkansas · 1910

19 more not listed; retrieve them via the Exa API.

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