Dotson v. State
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. J. S. Little, Judge. 1. “Paper currency of the United States” not sufficiently descriptive or definite. Bish. Cr. Pro., vol.' 2, p. 321; 59 Ala., 73; 2 Gratt., 716. 2. It was misleading to instruct the jury that if the defendant lost the money gambling they would presume a fraudulent intent to convert to his use. This eliminates intent from crime. The intent to do a thing is always open to rebuttal. 1 Bish. Cr.
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APPEAL from Sebastian Circuit Court. J. S. Little, Judge. 1. “Paper currency of the United States” not sufficiently descriptive or definite. Bish. Cr. Pro., vol.' 2, p. 321; 59 Ala., 73; 2 Gratt., 716. 2. It was misleading to instruct the jury that if the defendant lost the money gambling they would presume a fraudulent intent to convert to his use. This eliminates intent from crime. The intent to do a thing is always open to rebuttal. 1 Bish. Cr. Pro., 1099; 4 Ga., 14. 3. The verdict not supported by the evidence. The money was paid in paper currency, but there was no proof of the size or…
1Opinion of the CourtBattle, J.
O. M. Bourland delivered a horse to appellant to sell for him. Appellant sold the horse for $125 and received the money, but failed to deliver it to Bourland. On account of this failure he was indicted for embezzlement. The indictment charges as follows: “The said Lewis Dotson, on the 15th day of January, 1888, in the county and district aforesaid, then being a bailee of one O. M. Bourland to sell a certain horse, the property of said O. M. Bourland, of the value of one hundred and twenty-five dollars, and as such bailee having received said horse into his care, custody and charge, and then…
2Cases cited1 opinion
- Watson v. StateSupreme Court of Alabama · 1881
3Cited by10 opinions
- State v. CunninghamSupreme Court of Missouri · 1900
- State v. FraleyWest Virginia Supreme Court · 1912
- Faggard v. StateCourt of Criminal Appeals of Oklahoma · 1909
- State v. BrittSupreme Court of Missouri · 1919
- State v. RigallSupreme Court of Missouri · 1902
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