McCowan v. State
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court. Charees W. Smith, Judge. The judgment should have been arrested. The allegation of ownership is necessary and must be laid in the names of the joint and several owners, not in partnership name. 47 Ark. 233; 29 id. 68; 37 id. 116; 42 id. 73; 55 id. 246 ; 2 Bish. Cr.’Law, sec. 718 et seq. Under the common law, the ownership must be alleged in the names of the joint and several owners.
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Appeal from Lafayette Circuit Court. Charees W. Smith, Judge. The judgment should have been arrested. The allegation of ownership is necessary and must be laid in the names of the joint and several owners, not in partnership name. 47 Ark. 233; 29 id. 68; 37 id. 116; 42 id. 73; 55 id. 246 ; 2 Bish. Cr.’Law, sec. 718 et seq. Under the common law, the ownership must be alleged in the names of the joint and several owners. But the tendency now is to disregard technicalities and formalities. Our code is in harmony with this reformation. Crim. code, sec. 127. This is not a case of variance, as in…
1Opinion of the CourtHughes, J.
The indictment in this case is for larceny, and describes the property alleged to have been stolen as “two ladies’ walking jackets,” and lays the ownership in “ W. B. Connevey & Co.,” without stating-the names of the firm or partnership of “W. B. Connevey & Co. and without further description of the property alleged to have been stolen. There was a motion in arrest of judgment on the ground that the names of all the joint owners of the property were not stated in the indictment, which was overruled.
At common law, if the stolen goods are the property of partners, or joint owners, the names of…
2Cases cited8 opinions
- People v. SchwartzCalifornia Supreme Court · 1867
- People v. BogartCalifornia Supreme Court · 1868
- Commonwealth v. TrimmerMassachusetts Supreme Judicial Court · 1805
- Barton v. StateSupreme Court of Arkansas · 1874
- People v. Ah SingCalifornia Supreme Court · 1862
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. JamesSupreme Court of Missouri · 1906
- State v. JonesSupreme Court of Missouri · 1902
- State v. FogertySupreme Court of Iowa · 1898
- Merritt v. StateSupreme Court of Arkansas · 1904
- State v. HornedSupreme Court of Missouri · 1903
13 more not listed; retrieve them via the Exa API.