{
  "id": 1509437,
  "name": "Grant v. State",
  "name_abbreviation": "Grant v. State",
  "decision_date": "1902-03-15",
  "docket_number": "",
  "first_page": "290",
  "last_page": "291",
  "citations": [
    {
      "type": "official",
      "cite": "70 Ark. 290"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "5 Ark. 513",
      "category": "reporters:state",
      "reporter": "Ark.",
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      ]
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    {
      "cite": "63 Ark. 513",
      "category": "reporters:state",
      "reporter": "Ark.",
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        8724221
      ],
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      "case_paths": [
        "/ark/63/0513-01"
      ]
    },
    {
      "cite": "46 N. W. 97",
      "category": "reporters:state_regional",
      "reporter": "N.W.",
      "opinion_index": -1
    },
    {
      "cite": "64 Ark. 231",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1907370
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/64/0231-01"
      ]
    }
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  "last_updated": "2023-07-14T15:54:44.617258+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Grant v. State."
    ],
    "opinions": [
      {
        "text": "Wood, J.\nAt the fall term, 1899, of the Greene county circuit court, the grand jury returned against appellant the following .indictment:\n\u201cGreene County Circuit Court, Fall Term, 1899. The state of Arkansas against Jim Grant. Indictment. The grand jury of Greene county, in the name and by the authority of the state of Arkansas, accuse Jim Grant of the crime of destroying public records, committed as follows, to-wit: The said Jim Grant, in the county aforesaid, on the 5th day of April, 1899, did unlawfully and feloniously steal, take away, withdraw, avoid and destroy a part of the records of the Greene, county chancery court, to-wit, the depositions for plaintiff in the cause therein pending wherein Della Wilson was plaintiff and L. A. Wilson was defendant, with the felonious intent to injure the plaintiff, Della Wilson, in said cause, and against' the peace and dignity of the state of Arkansas. 0. L. Ivillough, Prosecuting Attorney.\u201d\nThe only question here is as to the sufficiency of the indictment. The statute is as follows: \u201cEvery person who shall steal, take away, withdraw or avoid any record, or part or parcel thereof, writ, return, panel, process, or any book or any paper belonging to any of the public offices of this state, or to the records of any court, with intent to injure another, shall be imprisoned in the penitentiary not less than three or more than ten years.\u201d Sand. & H. Dig., \u00a7 1855. The indictment charges but one offense, to-wit, that of destroying a part of the records of the Greene county chancery court. It follows almost literally the language of the statute, and is sufficient. Only one offense was denounced by the statute. That offense may be committed in the various ways enumerated, 1. e., by stealing, taking away, withdrawing, or in any other manner avoiding or destroying the things mentioned, with the intent to injure another. What we said in State v. Keoun, 64 Ark. 231, applies here. Especially are the quotations from Bishop, Stat. Crimes, \u00a7 244, and Cr. Proc. \u00a7 436, in point.\nAffirmed.",
        "type": "majority",
        "author": "Wood, J."
      }
    ],
    "attorneys": [
      "Appellant pro se.",
      "George ~W. Murphy, Attorney General, for appellee."
    ],
    "corrections": "",
    "head_matter": "Grant v. State.\nOpinion delivered March 15, 1902.\nIndictment \u2014 Destroying Public Record \u2014 Duplicity.\u2014Under tlie statute which provides that \u201cevery person who shall steal, take away, withdraw or avoid any record,\u201d etc., shall be guilty of a felony (Sand. & H. Dig., \u00a7 1855), an indictment which alleged that defendant did \u201cunlawfully and feloniously steal, take away, withdraw, avoid and destroy a part of the records\u201d of a certain court charged but one offense.\nAppeal from Greene Circuit Court.\nFelix G. Taylor, Judge.\nAffirmed.\nAppellant pro se.\nThe demurrer to the indictment should have been sustained. Sand. & H. Dig., \u00a7 1855; 46 N. W. 97. The indictment should have alleged the filing of the depositions. 63 Ark. 513.\nGeorge ~W. Murphy, Attorney General, for appellee.\n\u25a0 The indictment was sufficient. Sand. & H. Dig., \u00a7\u00a7 1855, 3075, 3076; 5 Ark. 513."
  },
  "file_name": "0290-01",
  "first_page_order": 306,
  "last_page_order": 307
}