Cargill v. State
Supreme Court of Arkansas
Appeal from Independence Circuit Court. Frederick D. Fulkerson, Judge. STATEMENT BY THE COURT. Appellant was convicted upon an indictment charging him with grand larceny and unlawfully receiving stolen property. The defendant was placed upon trial for both offenses, and the verdict of the jury was as follows: “We the jury find the defendant guilty, and assess his penalty at one year in the penitentiary.”
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Appeal from Independence Circuit Court. Frederick D. Fulkerson, Judge. STATEMENT BY THE COURT. Appellant was convicted upon an indictment charging him with grand larceny and unlawfully receiving stolen property. The defendant was placed upon trial for both offenses, and the verdict of the jury was as follows: “We the jury find the defendant guilty, and assess his penalty at one year in the penitentiary.” No objection was made to the form of the verdict at the time it was rendered, but, after the jury had been discharged, the appellant objected to the verdict, and he made the overruling of his…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The punishment for larceny and for receiving stolen goods is the same. Kirby’s Digest, § § 1826 and 1830. It was therefore immaterial to appellant as to the offense for which he was convicted and sentenced, provided the proof sustained the verdict as to either offense. The presumption will be, on a general verdict, that the verdict was responsive to the proof; and if appellant desired to avail himself of a lack of proof to support one of the counts in the indictment, he should have moved to have the jury designate the offense for which they convicted before…
2Cases cited1 opinion
- Nelson v. StateWisconsin Supreme Court · 1881
3Cited by3 opinions
- Goodwin v. StateSupreme Court of Arkansas · 1978
- Inklebarger v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Lynch v. StateSupreme Court of Arkansas · 1910