Rugless v. State
Supreme Court of Arkansas
Appeal from Drew Circuit Court; H. W. Wells, Judge; The indictment will not support a verdict of guilty of robbery, and the evidence will not support a verdict of guilty of larceny. This is a case of robbery or nothing.
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Appeal from Drew Circuit Court; H. W. Wells, Judge; The indictment will not support a verdict of guilty of robbery, and the evidence will not support a verdict of guilty of larceny. This is a case of robbery or nothing. Property taken in the presence of witnesses, even though violently done, is not robbery if taken under the claim of ownership. 28 Ark. 126. The indictment sufficiently charges the offense of robbery in the allegation that “the said William Rugless * * * unlawfully, forcibly, violently and by putting in fear, did take from the possession of William Holmes,” etc. 70 Ark. 163; 2…
1Opinion of the CourtHart, J.
William' Rugless was indicted for the crime of robbery. The jury found him guilty of larceny, and assessed his punishment at 12 months’ imprisonment in the State penitentiary. Judgment was rendered upon the verdict, and the defendant has duly prosecuted an appeal to this court. The sufficiency of the indictment is questioned, but we do not deem it necessary to pass upon that question because we do not think the verdict is warranted by the evidence.
The evidence upon whioh the State relies for a conviction shows that one William Holmes was in the possession of a horse, claiming to be the owner…
2Cases cited1 opinion
- Brown v. StateSupreme Court of Arkansas · 1873
3Cited by5 opinions
- Davidson v. StateSupreme Court of Arkansas · 1940
- State v. GoldsberrySupreme Court of Kansas · 1945
- Stanley v. StateCourt of Criminal Appeals of Oklahoma · 1937
- Lansdale v. StateCourt of Criminal Appeals of Oklahoma · 1929
- Heard v. StateCourt of Appeals of Arkansas · 2009