Lovejoy v. State
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Northern District. James S. Thomas, Judge. 1. There is a total want of proof to sustain the verdict. 34 Ark. 632; 47 id. 567; 57 id. 567. 2. The third instruction given by the court on its own motion is not the law. It throws the burden on defendant to show his innocence by a preponderance of the evidence. The court should have given the second and third asked by defendant.
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Appeal from Prairie Circuit Court, Northern District. James S. Thomas, Judge. 1. There is a total want of proof to sustain the verdict. 34 Ark. 632; 47 id. 567; 57 id. 567. 2. The third instruction given by the court on its own motion is not the law. It throws the burden on defendant to show his innocence by a preponderance of the evidence. The court should have given the second and third asked by defendant. An honest purchase of property cannot be criminal by reason of the price paid. The non-consent of the owner taking the property is not shown, and it cannot be presumed or inferred. The…
1Opinion of the Court
Wood. J.
The appellant was convicted of, the larceny of two heifers. There was proof on behalf of the state to the effect that the heifers were the property of one Wood, and that appellant had taken same and sold them, appropriating the proceeds to his own use; and the state endeavored to show that appellant knew that the property belonged to another when he sold same. The appellant, on the other hand, contended that he sold the heifers in good faith, believing them to be his own; and he introduced proof tending to show that he had bought the heifers from one Conner, who claimed to own the…
2Cases cited1 opinion
- McArthur v. StateSupreme Court of Arkansas · 1894
3Cited by5 opinions
- State v. RogersIdaho Supreme Court · 1917
- State v. BallouSupreme Court of Rhode Island · 1898
- Mode v. StateSupreme Court of Arkansas · 1959
- Williams v. StateCourt of Criminal Appeals of Oklahoma · 1953
- Garmeada Coal Co. v. MabeCourt of Appeals of Kentucky (pre-1976) · 1949