Legal Opinion

Barker v. State

Supreme Court of Arkansas

Decided September 23, 1918PublishedCited by 8 opinions

Appeal from Miller Circuit Court; Geo. R. Hayme, Judge; 1. Appellant honestly believed that the steer was the one he owned and had bought from Williams. This phase should have been submitted to the jury on proper instructions, but the court refused. 98 Ark. 149; 97 Id. 153. 2. The court erred in amending No. 2. 71 Ark. 459; 128 Id. 35. The evidence is ample and there is no error in the instructions. 78 Ark. 490; 89 Id. 24; 73 Id. 407; 26 Id. 334; 128 Id. 35, 38.

1Opinion of the CourtHumphreys, J.

Appellant was indicted, tried, convicted and sentenced to one year in the penitentiary in the Miller Circuit Court, June Term, 1918, for the crime of grand larceny.

The evidence on behalf of the State tended to show that in May, 1918, appellant took a steer owned by R. M. Pool out of the range on Beech Creek in Miller County, and sold it for $60.

The evidence on behalf of appellant tended to show that at the time he took the steer and sold it he believed it was a steer he had previously bought from E. P. Williams.. Appellant insists that the court erred in refusing to give instructions Nos. 5…

2Cases cited1 opinion

  1. Tanks v. StateSupreme Court of Arkansas · 1903

3Cited by8 opinions

  1. Adams v. StateSupreme Court of Arkansas · 1928
  2. Payne v. StateSupreme Court of Arkansas · 1928
  3. Pate v. StateSupreme Court of Arkansas · 1922
  4. Bowen v. FrankSupreme Court of Arkansas · 1929
  5. Garrett v. StateSupreme Court of Arkansas · 1926

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