Wilkin v. State
Supreme Court of Arkansas
Appeal from Lonoke Circuit -Court; Thomas G. Trimble, Judge; 1. The demurrer should have 'been sustained because the indictment charges in a single count two separate and distinct offenses.
Read the full summary
Appeal from Lonoke Circuit -Court; Thomas G. Trimble, Judge; 1. The demurrer should have 'been sustained because the indictment charges in a single count two separate and distinct offenses. Kirby’s Dig., § 2230; 48 Ark. 94,102; 22 Cyc. 376; Id. 377; 44 Ark. 62; 83 Ark. 244; Id. 249; Id. 254; 36 Ark. 56. 2. There is a variance between the indictment and the proof in that the indictment charged the deposit of a check endorsed by E. B Robinson, a necessary and essential .allegation, while the proof affirmatively shows that the check was not so endorsed when it was deposited. 91 Ark. 1; 120 S. W.…
1Opinion of the CourtHart, J.
W. J. Wilkin was indicted for violating section 1814 of Kirby’s Digest by knowingly accepting and receiving on deposit .and by permitting and conniving .at the receipt and acceptance on deposit of money in the bank of which he was president when it was insolvent. He was tried before a jury and convicted, his punishment being fixed at three years in the State penitentiary. From the judgment of conviction he has duly prosecuted an appeal to this court.
This is a companion ease to that of Skarda v. State, reported in 118 Ark. 176, 175 S. W. 1190. Joe Skarda was the cashier and W. J. Wilkin was…
2Cases cited5 opinions
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1877
- Johns v. StateIndiana Supreme Court · 1862
- Skarda v. StateSupreme Court of Arkansas · 1915
- Cunningham v. StateSupreme Court of Arkansas · 1914
- State v. MitchellMississippi Supreme Court · 1909
3Cited by10 opinions
- State v. PowellSupreme Court of Kansas · 1926
- Hogan v. StateCourt of Criminal Appeals of Oklahoma · 1929
- State v. ChildersSupreme Court of Iowa · 1927
- White v. StateCourt of Criminal Appeals of Oklahoma · 1927
- Banks v. StateSupreme Court of Arkansas · 1932
5 more not listed; retrieve them via the Exa API.