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70 Ark. 144

Spears v. State

Supreme Court of Arkansas

Decided February 1, 1902

Supreme Court of Arkansas · decided 1902-02-01

<p>Larceny — Allegation op Ownership — Variance.—Proof that stolen property alleged to' belong' to Houston belonged to Hamilton makes a fatal variance.</p>

Cited by 1 later decisions — most recently December 1904

1 state decisions

Relies on Blankenship v. State

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1902-02-01

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Battle,-J.

¶1.William Spears-was accused and convicted of larceny, committed ■ by feloniously -taking, stealing, and carrying away three-hogs,'the property of--John; Houston; and he appealed.

¶2The evidence adduced at the trial showed that the three hogs alleged to have been stolen were the property of John F. Hamilton. The allegation in the indictment was that they belonged to John Houston. The ownership should have been proved as alleged. The variance is fatal. Blankenship v. State, 55 Ark. 244. In other respects the evidence of the defendant’s guilt, as it appears in the record before us, is weak and unsatisfactory.

¶3Beversed and remanded for a new trial.

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