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108 Ark. 418

McIntosh v. State

Supreme Court of Arkansas

Decided June 2, 1913

Supreme Court of Arkansas · decided 1913-06-02

73 Ark. 32; lb. 169; 70 Ark. 144; 13 Ark. 105. .The verdict is contrary to the evidence. 1. The exceptions were not carried into the motion for a new trial and therefore are treated as abandoned. 73 Ark. 453-6. 2. The testimony is sufficient to sustain the conviction.

Cited by 1 later decisions — most recently April 1922

1 state decisions

Relies on Blankenship v. State · McCowan v. State · Merritt v. State

Good law ✅— No negative treatment on recordhow we know

reversed · Decided 1913-06-02

View the full empirical analysis of this case →

Wood, J.

¶1The appellant was convicted on an indictment which charged her with grand larceny, committed by stealing sixty-four dollars ($64), the personal property of one Luther Stevens. One of the grounds of the motion for a new trial is that the verdict is contrary to the evidence.

¶2The evidence tended to show that the appellant, in Sebastian County, Arkansas, some time in November, 1912, did steal the sum of sixty-five dollars ($65), the property of a “certain white man.” But there is no evidence in the record identifying the money which appellant is alleged and shown to have stolen, as the property of Luther Stevens, as charged in the indictment. There is a total lack of evidence to show that the “white man,” whose money appellant is alleged to have stolen, was Lnther Stevens.' In indictments for larceny, th'e allegation of ownership is material and must be proved as alleged. Correctly naming the owner is essential to identify the stolen property. Fletcher v. State, 97 Ark. 1; Merritt v. State, 73 Ark. 32. See also Andrews v. State, 100 Ark. 184; McCowan v. State, 58 Ark. 17; Blankenship v. State, 55 Ark. 244.

¶3As the evidence failed to sustain the allegation that the money was the property of Luther Stevens, the judgment' must be reversed and the cause remanded for a new trial.

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