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37 Ark. 443

Treadaway v. State

Supreme Court of Arkansas

Decided November 15, 1881

Supreme Court of Arkansas · decided 1881-11-15

Hon. W. D. Jacoway, Circuit Judge. STATEMENT. The sufficiency of the indictment is the only question/ made in this case.

Cited by 5 later decisions — most recently March 1908

5 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1881-11-15

View the full empirical analysis of this case →

Harrison, J.

¶1The indictment was bad. It contained no description of the money the defendant was alleged to have received from Montgomery by his false personation ■of Alnutt. It did not even state whether it Avas coin or paper. It should have been described with the same particularity and certainty as in an indictment for larceny. Smith v. The State 33 Ind., 159.

¶2“To describe thesubject of thelarceny,” says Mr. Bishop, ■“ as so many dollars in money, Avithout further particularization, is by all deemed ill.” 2 Bish. Crim. Proceed., sec. 703, and sec. 273; Barton v. State, 29 Ark.. 68.

¶3The demurrer to the indictment ought to have been sustained, and the judgment should have been arrested.

¶4The judgment is therefore reversed, and the cause is. remanded with instructions to arrest the judgment, and to> hold the appellant to answer a new indictment, if found.

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