Hampton v. State
Supreme Court of Arkansas
Appeal from Desha Circuit Court, Watson District. • The indictment fails to allege a valid lien, because the mortgage is not alleged to have been recorded.
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Appeal from Desha Circuit Court, Watson District. • The indictment fails to allege a valid lien, because the mortgage is not alleged to have been recorded. Sand & H. Dig., § 5090. Before record, a chattel mortgage is not a lien. 1 Jones, Mort. § 11; 9 Ark. 112; Sand & H. Dig., § 5091; 43 Ark. 378. When a juror separates from his fellows, the burden is on the state to show the absence of any injury therefrom to defendant's ease. 44 Ark. 119; 12 Ark. 782; 33 Ark. 317; 20 Ark. 36; 35 Ark. 118. It was error for the court to refuse instructions 1 and 2 asked by appellant. Intent is an element of…
1Opinion of the CourtBunn, C. J.
This is an indictment and conviction for removing mortgaged property, and the defendant appealed to this court.
The first objection of defendant insisted on here is that the indictment was not found upon any evidence. The facts upon which this objection is based are, as alleged by defendant, that, the indictment first found for the same offense having been quashed for some irregularity by the court, the matter was referred back to the grand jury for reconsideration. In the meantime, one of the grand jury had been discharged for good cause shown, and another competent person substituted in his…
2Cases cited3 opinions
- Wilder v. StateSupreme Court of Arkansas · 1874
- State v. BarnettSupreme Court of Arkansas · 1898
- State v. HarbersonSupreme Court of Arkansas · 1884
3Cited by9 opinions
- United States v. KimballU.S. Circuit Court for the District of Southern New York · 1902
- Morgan v. KendrickSupreme Court of Arkansas · 1909
- Strahan v. WebbSupreme Court of Arkansas · 1959
- Capps v. StateSupreme Court of Arkansas · 1913
- Wallace v. StateSupreme Court of Arkansas · 1929
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