Porter v. State
Supreme Court of Arkansas
Appeal from Howard Circuit Court; Jefferson T. Cowling, Judge; 1. There is no fatal variance between the indictment and proof. Kirby’s Digest, § 2233. The indictment and proof sufficiently identifies the illegal act. 32 Ark 205; 105 Id. 84; 113 Id. 112; 117 Id. 300; Kirby’s Digest, § § 2243, 2228-9; 93 Ark. 408; 157 S. W. 935. 2. There is'no error in the instructions.
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Appeal from Howard Circuit Court; Jefferson T. Cowling, Judge; 1. There is no fatal variance between the indictment and proof. Kirby’s Digest, § 2233. The indictment and proof sufficiently identifies the illegal act. 32 Ark 205; 105 Id. 84; 113 Id. 112; 117 Id. 300; Kirby’s Digest, § § 2243, 2228-9; 93 Ark. 408; 157 S. W. 935. 2. There is'no error in the instructions. Kirby’s Digest, § 2384; 90 Ark. 460; 64 Id. 253; 65 Id. 547; 52 Id. 187. 3. The testimony of the accomplice was sufficiently corroborated. 64 Ark. 253; 52 Id. 187; 101 Id. 142; 101 Id. 570; 39 Cal. 614; 84 Id. 480.
1Opinion of the CourtSmith, J.
Appellants were convicted of grand larceny under an indictment which alleged the ownership of the property said to have been stolen to be in J. B. Sturdivant and W. A. J. Sturdivant. The goods were stolen from a store operated by J. B. Sturdivant, but the proof shows he was conducting the store for his brother W. A. J. Sturdivant, who is the sole owner, and it is said there is a fatal variance between the allegations of the indictment and the proof at the trial. . The motion for a new trial preserved other exceptions, but we think they are not of sufficient importance to require discussion.
Not…
2Cases cited4 opinions
- McCowan v. StateSupreme Court of Arkansas · 1893
- Andrews v. StateSupreme Court of Arkansas · 1911
- Hughes v. StateSupreme Court of Arkansas · 1913
- Ivy v. StateSupreme Court of Arkansas · 1913
3Cited by4 opinions
- Tucker and Peacock v. StateSupreme Court of Arkansas · 1937
- Von Tonglin v. StateSupreme Court of Arkansas · 1940
- Harrell v. StateSupreme Court of Arkansas · 1925
- Eason v. StateSupreme Court of Arkansas · 1939