Hutchinson v. State
Supreme Court of Arkansas
Appeal from Phillips Circuit Court. Hance N. Hutton, Judge. The variance between the indictment and proof is fatal. 61 Ark. 16; 18 Am. & Eng. Enc. Law (2d Ed.), 464; 55 Ala. 138; 63 Miss. 466; 112 Cal. 333; 94 Ga. 395. The indictment is void for failure to allege value. 13 Ark. 60; 33 Ark. 567; 44 Ark. 39; 50 Ark. 532. Error confessed.
1Opinion of the Court
Riddick, J.'
The appellant, Charles Hutchinson, was indicted and convicted of the crime of feloniously receiving stolen propert}!, the property in question being described in the indictment as "one hog, the property of John Reed.” The evidence showed that the hog had been killed by another person and taken to the house of the defendant, and that when he received the hog it was dead. Now, it is a general rule that when animals are described in an indictment for larceny or for other offenses of that class, without stating whether they are alive or dead, the presumption is that live animals are…
2Cases cited3 opinions
- Hunt v. StateSupreme Court of Alabama · 1876
- Golden v. StateMississippi Supreme Court · 1886
- Britton v. StateSupreme Court of Arkansas · 1895
3Cited by2 opinions
- Reece v. StateCourt of Criminal Appeals of Texas · 1928
- Reese v. StateCourt of Criminal Appeals of Texas · 1928