Legal Opinion

Hunt v. State

Supreme Court of Arkansas

Decided February 27, 1904PublishedCited by 22 opinions

Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. Because of the unity of persons a man cannot steal from his wife. 48 Ind. 197; 70 Ind. 317; 43 Tex. 616; 51 111. 162; 26 Mich. 106; 95 N. Car. 693; 82 Cal. 107; 2 Bish.

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Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. Because of the unity of persons a man cannot steal from his wife. 48 Ind. 197; 70 Ind. 317; 43 Tex. 616; 51 111. 162; 26 Mich. 106; 95 N. Car. 693; 82 Cal. 107; 2 Bish. M. W. 24, 152. The common law upon this question is unchanged by the married women’s act of 1875 and article 9, § 7 of Constitution of 1874. 61 Ark. 381 and cases cited; 49 Ark. 430; 30 Ark. 17; 56 Ark. 277; 43 Ark. 212. As to whether same worked a repeal by implication see: Black, Int. Laws, no, 112; 34 Ark. 499; 41 Ark. 149; 50 Ark. 132; 51 Ark. 559; 53 Ark. 417. The…

1Opinion of the CourtBunn, C. J.

This is an indictment for the larceny of the money of his wife by the defendant, with a count for obtaining money under false pretenses, which last, however, was not considered in the trial.

The circumstances of obtaining the wife’s money were of the most aggravating character. The wife before their marriage was Miss Maud Nevills, a young woman who had earned the amount of $600 as a saleswoman in one of the leading dry goods stores in Little Rock and deposited the same in the German National Bank of this city. The defendant had ascertained this fact in some way and from some source, and paid…

2Cases cited3 opinions

  1. Beasley v. StateIndiana Supreme Court · 1894
  2. Kies v. YoungSupreme Court of Arkansas · 1897
  3. Thomas v. ThomasIllinois Supreme Court · 1869

3Cited by22 opinions

  1. State v. HestonWest Virginia Supreme Court · 1952
  2. Mayes v. StateSupreme Court of Arkansas · 1978
  3. State v. HerndonSupreme Court of Florida · 1946
  4. Stewart v. United StatesCourt of Appeals for the Eighth Circuit · 1945
  5. Clark v. StateArizona Supreme Court · 1939

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