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67 Ark. 308

Gage v. State

Supreme Court of Arkansas

Decided December 23, 1899

Supreme Court of Arkansas · decided 1899-12-23

The indictment in this case reads as follows: “The grand jury of Arkansas county, in the name and by the authority of the State of Arkansas, accuses Irvin Bock and H. C. Gage of the crime of misdemeanor, committed as follows, to-wit: The said Irvin Bock and H. C. Gage, in. the county and state aforesaid, on the 22d day of October, 1897, then and there acting as agents, and representing the Fire & Marine Insurance Company of West Virginia, unlawfully did insure buildings for…

Cited by 2 later decisions — most recently March 1910

2 state decisions

Relies on State v. Ellis

Good law ✅— No negative treatment on recordhow we know

Decided 1899-12-23

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Hughes, ¡J.,

¶1(after stating the facts.) It will be observed that the indictment contains no direct allegation that the Fire & Marine Insurance Company of West Virginia was an insuranee company. Nothing can be taken by intendment, or by way of recital, to supply the want of certainty in the indictment. State v. Ellis, 43 Ark. 93. The judgment is reversed, and the cause remanded for further proceedings according to law.

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