Supreme Court of Arkansas, 1899

Gage v. State

Gage v. State
Supreme Court of Arkansas · Decided December 23, 1899 · Hughes
67 Ark. 308; 55 S.W. 165; 1899 Ark. LEXIS 43

Gage v. State

Opinion of the Court

Hughes, ¡J.,

(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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