Legal Opinion

Bailey v. State

Supreme Court of Arkansas

Decided November 8, 1909PublishedCited by 10 opinions

Error to Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; An instruction on a trial for larceny which disregards th element of intent to steal is erroneous. 32 Ark. 238; 13 Ark. 168; 60 Ark. 5; 34 Ark. 341;' 37 Ark. 261; 56 Ark. 315. Possession is not sufficient evidence of larceny unless accompanied with some claim of ownership or interest. 73 Ark. 32; 80 Ark. 497; 73 Ark. 169; 70 Ark. 144; 42 Ark. 73. Unless the defendant acted with felonious intent, he…

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Error to Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; An instruction on a trial for larceny which disregards th element of intent to steal is erroneous. 32 Ark. 238; 13 Ark. 168; 60 Ark. 5; 34 Ark. 341;' 37 Ark. 261; 56 Ark. 315. Possession is not sufficient evidence of larceny unless accompanied with some claim of ownership or interest. 73 Ark. 32; 80 Ark. 497; 73 Ark. 169; 70 Ark. 144; 42 Ark. 73. Unless the defendant acted with felonious intent, he cannot be guilty of larceny. 70 Ark. 204; 34 Ark. 443; 55 Ark. 244; 34 Ark. 693; 44 Ark. 39; 58 Ark. 576; 67 Ark. 155. The…

1Opinion of the CourtMcCulloch, C. J.

Appellant, Pete Bailey, was convicted under an indictment charging him with grand larceny by stealing a pistol, the property of one Adams. The testimony adduced at the trial below by the State tended to establish the following facts:

Appellant lived in the city of Fort Smith, and Adams, who was a policeman, went to the former’s house and attempted to arrest him for permitting gambling in his house. Adams had no warrant for appellant’s arrest, but claims that he saw a crowd of negroes shooting craps in appellant’s house; that he had a warrant for the arrest of Arthur Edwards, who was one of…

2Cases cited6 opinions

  1. St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
  2. Western Coal & Mining Co. v. BurnsSupreme Court of Arkansas · 1907
  3. Western Coal & Mining Co. v. BuchananSupreme Court of Arkansas · 1907
  4. Prescott & Northwestern Railway Co. v. WeldySupreme Court of Arkansas · 1906
  5. St. Louis & San Francisco Railroad v. DyerSupreme Court of Arkansas · 1908

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Midgett v. StateCourt of Appeals of Maryland · 1981
  2. State v. BoisvertSupreme Judicial Court of Maine · 1967
  3. State v. WilliamsSupreme Court of South Carolina · 1960
  4. Beevers v. MillerSupreme Court of Arkansas · 1967
  5. Southerland, Lawson Vaughn v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926

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