Clemons v. State
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court, Northern District; George W. Clark, Judge; One indicted for stealing a cow cannot be convicted of stealing a bull. 34 Ark. 160. In an indictment where the allegation is unnecessarily minute as to the description, the proof must satisfy that description. 64 Ark. 231; 119 Ark. 503. The existence of a felonious intent is a question for the jury. 25 Cyc. 129. The publicity of the taking was evidence of good faith. 79 Ga. 564; 11 Am.
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Appeal from Arkansas Circuit Court, Northern District; George W. Clark, Judge; One indicted for stealing a cow cannot be convicted of stealing a bull. 34 Ark. 160. In an indictment where the allegation is unnecessarily minute as to the description, the proof must satisfy that description. 64 Ark. 231; 119 Ark. 503. The existence of a felonious intent is a question for the jury. 25 Cyc. 129. The publicity of the taking was evidence of good faith. 79 Ga. 564; 11 Am. St. Rep. 447. And of more force was the fact thatthe claim wasnot for himself but for another. 29 Ga. 75; Am. & Eng. Ency. (2nd…
1Opinion of the CourtMcCulloch, C. J.
The indictment against appellant charges grand larceny in the stealing of two cows, the property of George Carlson, and on the trial of the case the State proved the stealing of a steer, the property of Carlson.
There was no objection made to this testimony, but one of the grounds set forth in the motion for new trial is that the verdict is contrary 'to the evidence. In other words, in the proceedings below, appellant in apt time raised the question of sufficiency of the evidence; but did not, when the testimony was introduced, raise the question of the variance between the allegations in the…
2Cases cited5 opinions
- Wilburn v. StateSupreme Court of Arkansas · 1895
- State v. McMinnSupreme Court of Arkansas · 1879
- Blevins v. StateSupreme Court of Arkansas · 1908
- Keoun v. StateSupreme Court of Arkansas · 1897
- State v. HallerSupreme Court of Arkansas · 1915
3Cited by8 opinions
- State v. RussellOregon Supreme Court · 1962
- Ridgeway v. StateSupreme Court of Arkansas · 1971
- Williams v. StateSupreme Court of Arkansas · 1998
- Williams v. StateSupreme Court of Arkansas · 1990
- Davis v. StateSupreme Court of Arkansas · 1966
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