Legal Opinion

Hindman v. State

Supreme Court of Arkansas

Decided June 11, 1904PublishedCited by 5 opinions

Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. statement by the court. Appellant was indicted by the grand jury of Garland county, at the May term, 1903, of the circuit court of said county, for the crime of grand larceny, and was convicted of said crime upon trial in said court on the 10th day of June, 1903. Judgment and sentence was pronounced against him in said court on the 20th day of July, 1903, and he has duly presented an appeal to this court.

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Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. statement by the court. Appellant was indicted by the grand jury of Garland county, at the May term, 1903, of the circuit court of said county, for the crime of grand larceny, and was convicted of said crime upon trial in said court on the 10th day of June, 1903. Judgment and sentence was pronounced against him in said court on the 20th day of July, 1903, and he has duly presented an appeal to this court. The indictment charged the crime of larceny against appellant in apt words, and the property charged to have been stolen…

1Opinion of the CourtHughes, J.

(after stating- the facts). The judgment in this case must be reversed for error in the instructions given in this case and the refusal of those asked by the appellant.

It is often difficult to make the distinction between larceny and obtaining money under false pretenses. Bishop, in his work on Criminal Law (Vol. 2, § 758, 8th Edition), says: “Larceny is the taking and removing by trespass of personal property, which the trespasser knows to belong either generally or specially to another, with the felonious intent to deprive him of his ownership therein.” 3 Greenleaf, Ev. § 150, gives this…

2Cases cited5 opinions

  1. Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
  2. Commonwealth v. EichelbergerSupreme Court of Pennsylvania · 1888
  3. Waffle v. . New York Central R.R. Co.New York Court of Appeals · 1873
  4. People v. CampbellCalifornia Supreme Court · 1899
  5. Laflin v. HerringtonIllinois Supreme Court · 1856

3Cited by5 opinions

  1. Johnson v. StateSupreme Court of Arkansas · 1905
  2. Coon v. StateSupreme Court of Arkansas · 1913
  3. Rumping v. Arkansas National BankSupreme Court of Arkansas · 1915
  4. Fleming v. StateIndiana Supreme Court · 1910
  5. Wylie v. StateSupreme Court of Arkansas · 1919

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