State v. Haller
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court, Southern District ; J ohn L. Ingram, Special Judge; 1. This appeal is prosecuted to settle the law. Is there fatal variance between the allegation in the indictment iand the proof? We think not. Our statutes are very liberal and provide that no indictment is sufficient, nor is the judgment, etc., affected by any defect not prejudicial to the substantial rights of the defendant.
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Appeal from Arkansas Circuit Court, Southern District ; J ohn L. Ingram, Special Judge; 1. This appeal is prosecuted to settle the law. Is there fatal variance between the allegation in the indictment iand the proof? We think not. Our statutes are very liberal and provide that no indictment is sufficient, nor is the judgment, etc., affected by any defect not prejudicial to the substantial rights of the defendant. Kirby’s Dig., § 2229. An indictment is sufficient if it states the offense in ordinary and concise language, so as to enable a person of common understanding to know what is…
1Opinion of the CourtMcCulloch, C. J.
The defendants were tried under an indictment charging the crime of larceny in the following words: “The said E. C. Haller, L. C. Haller and Emmett McGraw, in the district, county and State ¡aforesaid, on the 20 th day of August, A. D. 1913, one cow (bull), the personal property of E. B. Lafargue and Loyd La-fargue, did unlawfully and feloniously steal, take and carry away against the peace and dignity of the State of Arkansas.”
On the trial of the case the proof adduced by the State tended to show that the defendants stole a bull, the property of the parties named in the indictment, and the…
2Cases cited1 opinion
- State v. GoochSupreme Court of Arkansas · 1895
3Cited by5 opinions
- Fletcher v. StateSupreme Court of Arkansas · 1939
- Clemons v. StateSupreme Court of Arkansas · 1921
- Freeman v. StateSupreme Court of Arkansas · 1923
- Harrell v. StateSupreme Court of Arkansas · 1928
- Perkins v. StateSupreme Court of Arkansas · 1931