Settles v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; In an indictment for embezzlement, the property should be as accurately described as if the charge were larceny. 42 Ark. 517. Unless appellant was to pay over to his vendor the identical money received for-the piano, he was not a bailee under the statute. 51 Ark. 125; Schouler on Bailments, § 2. Even where title is retained until paid for, the vendee acquires such an interest in the property that he may…
Read the full summary
Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; In an indictment for embezzlement, the property should be as accurately described as if the charge were larceny. 42 Ark. 517. Unless appellant was to pay over to his vendor the identical money received for-the piano, he was not a bailee under the statute. 51 Ark. 125; Schouler on Bailments, § 2. Even where title is retained until paid for, the vendee acquires such an interest in the property that he may sell it. 52 Ark.' 168. When the court is requested to put his charge in writing, it is error to give it orally. 72 Ark.…
1Opinion of the CourtHart, J.
R. H. Settles has appealed from a judgment of conviction of larceny by embezzlement.
The facts as developed by the State at the trial, briefly stated, are as follows: In September, 1907, J. C. Womble delivered to the defendant, R. H. Settles, a piano upon the understanding that Settles should repair it and sell it for $60. The piano remained in the possession of Settles until the 1st of August, 1908, at which time, by a contract in writing, the piano was sold to Settles for $50 upon condition that the title should remain in Womble until the purchase price was paid. Settles never paid any part…
2Cases cited5 opinions
- Fleener v. StateSupreme Court of Arkansas · 1893
- Dedman v. EarleSupreme Court of Arkansas · 1889
- Dotson v. StateSupreme Court of Arkansas · 1888
- Ritter v. StateSupreme Court of Arkansas · 1902
- Phillips v. Hollenberg Music Co.Supreme Court of Arkansas · 1907
3Cited by4 opinions
- Loden v. Paris Auto Co.Supreme Court of Arkansas · 1927
- State v. AndersonSupreme Court of Missouri · 1950
- Compton v. StateSupreme Court of Arkansas · 1911
- Compton v. StateSupreme Court of Arkansas · 1911