Reed v. State
Supreme Court of Arkansas
Appeal from Independence Circuit Court. Richard H. Powell, Judge. An indictment must be direct and certain as to the facts and material circumstances of the offense. Sand. & H. Dig. §§ 2074, 2090; 29 Ark. 68; ib. 168; 26 Ark. 323. The description of a house as “being used and possessed by one John Head” is not sufficient in an indictment for burglary. 2 Enc. PL & Pr. 747; 4 Enc. Forms, 139; 1 Whart. Cr. Law, § 816; Clark, Cr.
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Appeal from Independence Circuit Court. Richard H. Powell, Judge. An indictment must be direct and certain as to the facts and material circumstances of the offense. Sand. & H. Dig. §§ 2074, 2090; 29 Ark. 68; ib. 168; 26 Ark. 323. The description of a house as “being used and possessed by one John Head” is not sufficient in an indictment for burglary. 2 Enc. PL & Pr. 747; 4 Enc. Forms, 139; 1 Whart. Cr. Law, § 816; Clark, Cr. Proc. 214; 56 Ark. 365; 33 Ark. 518; 32 Ark. 704. In an indictment for burglary, when larceny is the felony intended, it is necessary to allege that defendant intended…
1Opinion of the CourtBattle, J.
Lawrence Beed was indicted for, and convicted óf, burglary. He asks that this conviction be set aside, and that a new trial be granted,to him. We will consider only two grounds upon which he asks this relief, the sufficiency of the indictment and admissibility of evidence.
The indictment, without the caption, is as follows: “The said Lawrence Reed, on the 27th day of August, 1898, in the county and state aforesaid, and during the night time of said day, a certain house there situated, and being used and possessed by one John Head, feloniously and burglariously did break and enter, with the…
2Cited by6 opinions
- Spencer v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Sullivan v. StateCourt of Criminal Appeals of Oklahoma · 1912
- State v. WileyCourt of Appeals of Maryland · 1937
- McCarthy v. StateSupreme Court of Arkansas · 1909
- Mitchell and Thurman v. StateSupreme Court of Arkansas · 1943
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