Treadaway v. State
Supreme Court of Arkansas
APPEAL from Conway Circuit Court. Hon. W. D. Jacoway, Circuit Judge. STATEMENT. The sufficiency of the indictment is the only question/ made in this case.
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APPEAL from Conway Circuit Court. Hon. W. D. Jacoway, Circuit Judge. STATEMENT. The sufficiency of the indictment is the only question/ made in this case. After the usual caption and commencement it charges “that the said Britt Treadaway, on the seventh day of March, 1881, in the county and State aforesaid,., unlawfully, feloniously and falsely, did represent and personate one J. P. Alnutt, and in such assumed character,. ■unlawfully and feloniously did receive from one B. H. Montgomery, the sum of ten dollars, in monejr, of the value of ten dollars ; and of the property and money of the said…
1Opinion of the CourtHarrison, J.
The indictment was bad. It contained no description of the money the defendant was alleged to have received from Montgomery by his false personation ■of Alnutt. It did not even state whether it Avas coin or paper. It should have been described with the same particularity and certainty as in an indictment for larceny. Smith v. The State 33 Ind., 159.
“To describe thesubject of thelarceny,” says Mr. Bishop, ■“ as so many dollars in money, Avithout further particularization, is by all deemed ill.” 2 Bish. Crim. Proceed., sec. 703, and sec. 273; Barton v. State, 29 Ark.. 68.
The demurrer to the…
2Cases cited1 opinion
- Smith v. StateIndiana Supreme Court · 1870
3Cited by6 opinions
- In re WatermanNevada Supreme Court · 1907
- Maxey v. StateSupreme Court of Arkansas · 1908
- Value v. StateSupreme Court of Arkansas · 1907
- Sullivan v. StateSupreme Court of Florida · 1902
- Cain v. StateSupreme Court of Arkansas · 1893
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