Legal Opinion

Jackson v. State

Supreme Court of Arkansas

Decided June 2, 1913Published

Appeal from Conway Circuit Court; Rugh Basham, Judge; 1. There is no evidence of an intent to convert. The burden was on the State to prove the intent. Greenleaf on Evidence (15 ed.), § § 35, 50. 2. The jury should not be permitted to disregard undisputed evidence. 96 Ark. 500. 3. . The intent to unlawfully deprive the owner of his property must exist in the mind of the defendant. 24 A. & E. Enc.

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Appeal from Conway Circuit Court; Rugh Basham, Judge; 1. There is no evidence of an intent to convert. The burden was on the State to prove the intent. Greenleaf on Evidence (15 ed.), § § 35, 50. 2. The jury should not be permitted to disregard undisputed evidence. 96 Ark. 500. 3. . The intent to unlawfully deprive the owner of his property must exist in the mind of the defendant. 24 A. & E. Enc. Law, 45 to 49; Kirby’s Dig., § 1830; 78 Ark. 299; 105 Minn. 217. This intent must be proved. 32 Ark. 238. 4. Proof of another crime is not admissible. 72 Ark. 589; 75 Id. 427; 84 Id. 119; 92 Id. 481.…

1Opinion of the CourtHart, J.

The defendant, John Jackson, was convicted of larceny charged to have been committed by stealing a hog belonging to R. B. Brown, and from the judgment of conviction, he has duly prosecuted an appeal to this court.

R. B. Brown testified substantially as follows:

I live near Plumerville in Conway County, Arkansas, and the defendant lives near me. During the month of August, 1912, I turned out seven shoats, and on the same day late in the evening, I met a neighbor who told me my hogs were in his - field, and he would try to get them out. The next morning I penned up four of the hogs, but three of…

2Cases cited9 opinions

  1. Ince v. StateSupreme Court of Arkansas · 1905
  2. Blackshare v. StateSupreme Court of Arkansas · 1910
  3. Douglass v. StateSupreme Court of Arkansas · 1909
  4. Cravens v. StateSupreme Court of Arkansas · 1910
  5. Burris v. StateSupreme Court of Arkansas · 1904

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