Spears v. State
Spears v. State
70 Ark. 144; 66 S.W. 660; 1902 Ark. LEXIS 29
Spears v. State
Opinion of the Court
.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.
The 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.
Beversed and remanded for a new trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.