Jackson v. State
Supreme Court of Arkansas
Appeal from Desha Circuit Court; Antonio B. Grace Judge; 1. The evidence does not show either a clandestine taking, or any attempt at concealment, or that the possession by the appellant was other than a mere trespass. To constitute larceny, there must be simultaneously an unlawful taking, asportation and felonious intent. The court erred in refusing to direct a verdict for the defendant. 110 Ky. 123, 60 S. W. 938; 62 Kan. 469, 84 Am. St. Rep. 411; 2 Bishop’s New Crim.
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Appeal from Desha Circuit Court; Antonio B. Grace Judge; 1. The evidence does not show either a clandestine taking, or any attempt at concealment, or that the possession by the appellant was other than a mere trespass. To constitute larceny, there must be simultaneously an unlawful taking, asportation and felonious intent. The court erred in refusing to direct a verdict for the defendant. 110 Ky. 123, 60 S. W. 938; 62 Kan. 469, 84 Am. St. Rep. 411; 2 Bishop’s New Crim. Law (8 ed.), § 842; 41 Fla. 291; 79 Am. St. Rep. 186; 3 Id. 691; 133 Ala. 145. 2. The verdict is contrary to the law as…
1Opinion of the CourtMcCulloch, C. J.
Appellant was convicted of the crime of grand larceny under an indictment returned by the grand jury of Desha County at the January, 1910, term of the circuit court of that county. The trial, which resulted in his conviction, took place at a regular term of that court commencing on the fourth Monday in August, 1911; and it is contended that the proceedings were void for the alleged reason that the holding of a regular term of the court at that time was without lawful authority. The General Assembly of. 1911 enacted a statute, which was approved by the Governor on May 26,1911, changing the…
2Cases cited6 opinions
- Meisenheimer v. StateSupreme Court of Arkansas · 1904
- Blackshare v. StateSupreme Court of Arkansas · 1910
- Gunter v. StateSupreme Court of Arkansas · 1906
- Parker v. SandersSupreme Court of Arkansas · 1885
- St. Louis, Iron Mountain & Southern Railway Co. v. AikenSupreme Court of Arkansas · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Arkansas Tax Commission v. MooreSupreme Court of Arkansas · 1912
- Rhea v. StateSupreme Court of Arkansas · 1912
- Fenolio v. Sebastian Bridge DistrictSupreme Court of Arkansas · 1917
- Smith v. Cudahy Packing Co.District Court, D. Minnesota · 1947
- Lakeside School Dist. of Chicot County v. GainesSupreme Court of Arkansas · 1941
6 more not listed; retrieve them via the Exa API.