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73 Ark. 169

Young v. State

Supreme Court of Arkansas

Decided December 3, 1904

Supreme Court of Arkansas · decided 1904-12-03

<p>Larceny — aeeegation of ownership — variance.—Proof that stolen property alleged to belong to Johnson belonged Mm Arnold makes a fatal variance. if.</p>

Relies on Blankenship v. State · Spears v. State

Decided 1904-12-03

Wood, J.

¶1The indictment charged appellant with stealing seed cotton, the property of William Johnson. The proof showed that the cotton alleged to have been stolen was the property of one Mose Arnold. The court should have charged the jury that the variance between the allegation and the proof was fatal to a conviction upon this indictment. Spears v. State, 70 Ark. 144; Blankenship v. State, 55 Ark. 244.

¶2Confession of error sustained.

¶3Reversed and remanded.

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