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71 Ark. 415

Marshall v. State

Supreme Court of Arkansas

Decided June 6, 1903

Supreme Court of Arkansas · decided 1903-06-06

Styles T. Rowe, Judge. Appellants E. J. Marshall and Ed Burdett were indicted for grand larceny.

Relies on Starchman v. State · Scripps v. Reilly · McFalls v. State

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1903-06-06

How this case has been cited

Cited by 18 later decisions — most recently May 1974

18 state decisions

7019031910192019301940195019601970decided

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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Wood, J.

¶1The indictment was sufficient. Sand. & H. Dig. § 1717; State v. Boyce, 65 Ark. 82.

¶2It was not necessary, under section 1717, supra, to particularly describe in the indictment the kind of money taken further than gold, silver or paper money. But, inasmuch as the money was described as “of the TJnited States,” it was made a part of the description, and the prosecuting attorney should have proved it. Also that it was “gold, silver and paper money” as alleged. This was not done, and the court should have given the instruction asked for by appellants. Wilburn v. State, 60 Ark. 14; Starchman v. State, 62 Ark. 538; Hamilton v. State, 60 Ind. 193; Watson v. State, 64 Ga. 61.

¶3The object and scope of opening statements under the statute are discussed in McFalls v. State, 66 Ark. 16. According to the doctrine there announced and the authorities generally, the statement of the prosecuting attorney in this case was highly prejudicial ; so much so that we do not think the charge of the court could have eliminated the poison from the minds of the jury.

¶4He is not supposed to know what the evidence for the defense will be. Ayrault v. Chamberlain, 33 Barb. 229.

¶5Judge Graves in Scripps v. Reilly, 35 Mich. 371, says: “The cases unite in substantially denying the right to get before the jury a detail of the testimony expected to be offered, and especially any not positively entitled to be introduced, and deny the right to use it as a cover for any topics not fairly pertinent.”

¶6For the errors indicated the judgment is reversed, and the cause is remanded for a new trial.

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