Young v. State

Supreme Court of Arkansas
Young v. State, 73 Ark. 169 (Ark. 1904)
83 S.W. 934; 1904 Ark. LEXIS 38
Wood

Young v. State

Opinion of the Court

Wood, J.

The 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.

Confession of error sustained.

Reversed and remanded.

Reference

Status
Published