Gunter v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; 1. Possession of part of stolen property is not sufficient to convict. 48 Cal. 123; 41 Tex. 289; 40 Mich. 292. 2. The statute on burglary does not include a “chicken house.”
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Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; 1. Possession of part of stolen property is not sufficient to convict. 48 Cal. 123; 41 Tex. 289; 40 Mich. 292. 2. The statute on burglary does not include a “chicken house.” Kirby’s Digest, § § 1603-1608; 1 Blackstone, § 3. Proof of breaking a chicken “coop” is not sufficient to sustain a charge of breaking a chicken “house.” 1. Clearly, under the evidence, appellant, eliminating the slow process of time and the friendly services of the hen and the incubator, “raised” the chickens, as he says, in one night. 2. The statute will…
1Opinion of the CourtMcCueeoch, J.
The defendant, Will Gunter, was tried and convicted under an indictment containing two counts, one count charging him with the crime of burglary in breaking and entering the chicken house of George Maledon, with intent to steal, take and carry away the personal property of said Maledon, and the other count charging him with the crime of grand larceny in stealing 33 chickens of the value of more than $10, the property of said Maledon.
The sufficiency of the indictment was not questioned below, but it is contended here that breaking and entering a “chicken house” does not constitute burglary.…
2Cases cited9 opinions
- Wilson v. United StatesSupreme Court of the United States · 1896
- Roberson v. StateSupreme Court of Florida · 1898
- Malachi v. StateSupreme Court of Alabama · 1889
- People v. StickmanCalifornia Supreme Court · 1867
- Gillock v. PeopleIllinois Supreme Court · 1898
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3Cited by15 opinions
- State v. SearleSupreme Court of Louisiana · 1976
- Compton v. CommonwealthSupreme Court of Virginia · 1949
- Drinkard v. CommonwealthSupreme Court of Virginia · 1935
- Mays v. StateSupreme Court of Arkansas · 1924
- Douglass v. StateSupreme Court of Arkansas · 1909
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