Legal Opinion

Endaily v. State

Supreme Court of Arkansas

Decided November 15, 1882PublishedCited by 8 opinions

APPEAL from Conway Circuit Court. Hon. W. D. Jacoway, Circuit Judge. The appellant: 1. The intention to steal must be formed in the beginning, and no conversion afterwards constitutes larceny. Fulton v. State, IS Ark., 168; Dove v. State, 37 Ark., 262. 2. Proof of other thefts than as charged in the indictment, not competent. (.Dovev. State, supra; Greenleaf Evidence, —.) The sixth instruction error.

1Opinion of the Court

English, C. J*

Robert Endaily and John Claybough were jointly indicted in the Circuit Court of Conway County for stealing a mare and a horse, the property of Jack Owen. .

Endaily was arraigned, pleaded not guilty and put upon trial.

Jack Owen, witness for the State, after stating some facts not material to be noticed on this appeal, testified that after defendant had been' pursued and captured, he said that they (he and Claybough) took the horses immediately after dark, intending to ride them one night and turn them loose, but that after they rode them one night, they concluded they were safe,…

2Cited by8 opinions

  1. Alford v. StateSupreme Court of Arkansas · 1954
  2. Ware v. StateSupreme Court of Arkansas · 1909
  3. Williams v. StateSupreme Court of Arkansas · 1931
  4. Moore v. StateSupreme Court of Arkansas · 1957
  5. McLemore v. StateSupreme Court of Arkansas · 1914

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