Kightlinger v. State
Supreme Court of Arkansas
' Appeal from Randolph Circuit Court; John W. Meeks, Judge; 1. An indictment for the offense of disposing of mortgaged cotton which merely alleges that it was cotton “upon which the said Ball Mercantile Company then and there had a lien by virtue of a certain chattel mortgage,” without stating facts from which the court could arrive at a legal conclusion that the company had such valid existing lien on such cotton, is bad for want of sufficient description of the offense…
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' Appeal from Randolph Circuit Court; John W. Meeks, Judge; 1. An indictment for the offense of disposing of mortgaged cotton which merely alleges that it was cotton “upon which the said Ball Mercantile Company then and there had a lien by virtue of a certain chattel mortgage,” without stating facts from which the court could arrive at a legal conclusion that the company had such valid existing lien on such cotton, is bad for want of sufficient description of the offense charged. Kirby’s Dig., § 2227; 11 O. 282; 26 Ark. 323; 68 Ark. 490. 2. An allegation of the value of the cotton sold was…
1Opinion of the CourtFrauenthal, J.
The defendant was indicted for selling certain property upon which a mortgage lien existed. The indictment in apt and comprehensive language charged that the defendant had sold certain property which was therein described, upon which a lien then existed by virtue of a certain chattel mortgage executed by him, and that such sale was made without the consent of the mortgagee; but the indictment did not allege the value of the property which was sold nor the amount of the debt secured by said mortgage. To this indictment the defendant interposed a demurrer, which was overruled; and upon his…
2Cases cited4 opinions
- Sheppard v. StateSupreme Court of Alabama · 1868
- Davis v. StateSupreme Court of Georgia · 1869
- Walker v. StateSupreme Court of Arkansas · 1888
- Ware v. StateSupreme Court of Arkansas · 1878
3Cited by3 opinions
- Finch v. StateSupreme Court of Arkansas · 1977
- Hettle v. StateSupreme Court of Arkansas · 1920
- Scoggins v. StateSupreme Court of Arkansas · 1975