Little v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; John H. Holland, Special Judge; STATEMENT BY THE COURT. Appellant was indicted, charged with the crime of stealing a cultivator, the property of Clin T. Brewer, alleged to be of the value of $15. The indictment was in correct form. He was convicted of the crime of petit larceny and prosecutes this appeal.
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Appeal from Sebastian Circuit Court, Fort Smith District; John H. Holland, Special Judge; STATEMENT BY THE COURT. Appellant was indicted, charged with the crime of stealing a cultivator, the property of Clin T. Brewer, alleged to be of the value of $15. The indictment was in correct form. He was convicted of the crime of petit larceny and prosecutes this appeal. The proof on behalf of the 'State tended to show that one Brewer owned the cultivator and had owned the same for about sis years. He left the cultivator at the place where he had formerly been in the mercantile business, standing out…
1Opinion of the Court
Wood, J.,
(after stating the facts). In Douglass v. State, 91 Ark. 492, we said: “In order to constitute larceny, the taking must ¡joe done with felonious intent; the taking of the property and its possession is only a fact, and in itself it is not sufficient to raise a presumption of a guilty intent; and, standing alone, it would not be sufficient to sustain a conviction of larceny.” Citing Mason v. State, 32 Ark. 238; Gooch v. State, 60 Ark. 5; Sutton v. State, 67 Ark. 155; Jones v. State, 85 Ark. 360.
The court erred in refusing to allow appellant to prove that, the owner of the cultivator…
2Cases cited5 opinions
- Douglass v. StateSupreme Court of Arkansas · 1909
- Jones v. StateSupreme Court of Arkansas · 1908
- Mason v. StateSupreme Court of Arkansas · 1877
- Sutton v. StateSupreme Court of Arkansas · 1899
- Gooch v. StateSupreme Court of Arkansas · 1894
3Cited by3 opinions
- Gilcoat v. StateSupreme Court of Arkansas · 1922
- State v. DitzelWyoming Supreme Court · 1957
- State v. DitzelWyoming Supreme Court · 1957