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65 Ark. 82

State v. Boyce

Supreme Court of Arkansas

Decided February 26, 1898

Supreme Court of Arkansas · decided 1898-02-26

Richard H. Powell, Judge. STATEMENT BY THE COURT. Appellee was indicted at the spring term, 1896, of the Independence circuit court for petit larceny.

Relies on People Ex Rel. Jourdan v. Donohue

Good law ✅— No negative treatment on recordhow we know

Decided 1898-02-26

How this case has been cited

Cited by 7 later decisions — most recently March 1929

7 state decisions

501898190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hughes, J.,

¶1(after stating the facts.) The indictment in this case charges only petit larceny, which is only a misdemeanor, the value of the money stolen being stated at less than ten dollars. Sand. So H. Dig., § 1699. It was therefore unnecessary to charge that the taking, etc., was feloniously done.

¶2It is true that the definition of larceny, according to our statute, is as follows: “Larceny is the felonious stealing, taking and carrying, riding or driving away, the personal property of another.” Sand. So H. Dig., § 1694. Since the p-.ssage of this statute, a distinction has been made between grand and petit larceny. See act March 22, 1881 (p. 144). The word “steal” has a uniform signification, and in common as well as legal parlance means “the felonious taking ‘and carrying away of the personal goods of another.” State v. Chambers, 2 Green (Iowa), 311.

¶3“Theft” is a popular name for larceny. People v. Donahue, 84 N. Y. 442. See Skipwith v. State, 8 Texas App. 138,

¶4The indictment charges that the defendant “unlawfully did steal,” etc. This is sufficient. The general description of the money charged to have been stolen is sufficient, under § 1717,-Sand. & H. Dig. (Act of 1893.)

¶5Reversed, with directions to overrule the demurrer.

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