{
  "id": 1505635,
  "name": "Bowlin v. State",
  "name_abbreviation": "Bowlin v. State",
  "decision_date": "1904-06-11",
  "docket_number": "",
  "first_page": "530",
  "last_page": "532",
  "citations": [
    {
      "type": "official",
      "cite": "72 Ark. 530"
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  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
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  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
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  "cites_to": [
    {
      "cite": "69 Ark. 177",
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      "cite": "33 Ark. 563",
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    {
      "cite": "61 Ark. 594",
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  "analysis": {
    "cardinality": 274,
    "char_count": 3539,
    "ocr_confidence": 0.686,
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    "simhash": "1:b9e119984542ac2a",
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  "last_updated": "2023-07-14T14:55:00.960408+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Bowlin v. State."
    ],
    "opinions": [
      {
        "text": "Wood, J.\nAppellant was convicted of the crime of robbery. The indictment was sufficient. So much of the evidence as is necessary to explain the point decided is given by the prosecuting witness as follows:\n\u201cI went in there and hung that jug over the horn of my saddle, and I got on my horse. I unhitched him before I hung the jug over the horn of my saddle, and as I went to get up on my horse those two men walked up to me, and Ben Bowlin took hold of my horse, and asked me to swap horses with him, and I told him I would not, and Zollie Carpenter came up and asked me for a drink of whisky, and I told him I would not give it to him, and Ben Bowlin kept on talking to me about swapping horses, and Zollie Carpenter stepped away, and said, 'Let the kid go,\u2019 and Ben Bowlin didn\u2019t want to turn my horse loose, and directly I saw Ben Bowlin give Carpenter something; and before that, though, Zollie Carpenter had tried to slip the jug off of the horn of my saddle, and I had my hand on it, and told him not to do that, and he stepped back to Bowlin, and Bowlin slipped him something- \u2014 I could not see what it was \u2014 and Zollie Carpenter came back, and cut the rope, and ran off with the jug of whisky.\u201d\nThese facts do not constitute robbery. In Routt v. State, 61 Ark. 594, we held that the snatching of money from another\u2019s hand, without using force or putting in fear, would not be robbery. That case and the authorities there cited show clearly that the offense here charged is not robbery. The same case is authority for the conclusion that appellant is guilty of larceny, and should be punished for that. The judgment is therefore reversed, and, the cause is remanded, with directions to the lower court to render judgment against appellant for petit larceny, and to assess such punishment as to the court seems proper under the statute in such cases.",
        "type": "majority",
        "author": "Wood, J."
      }
    ],
    "attorneys": [
      "W. W. Bandy, B. H. Crowley, for appellant.",
      "George W. Murphy, Attorney General, for appellee."
    ],
    "corrections": "",
    "head_matter": "Bowlin v. State.\nOpinion delivered June 11, 1904.\n1. Robbery and larceny distinguished. \u2014 In a prosecution for robbery proof that defendant and another cut a rope by which a jug of whisky was attached to the horn of the saddle of the prosecuting witness, and carried off the whisky against the consent of the prosecuting witness, but without using force or putting him in fear, establishes* that defendant was guilty of larceny, and not robbery. (Page 532.)\n2. Appeal \u2014 remanding to be sentenced eor lower crime. \u2014 On appeal from a conviction of robbery where the evidence shows that defendant was guilty of petit larceny, the cause will be remanded with directions to the lower court to render judgment accordingly. (Page 532.)\nAppeal from Greene Circuit Court.\nAllen N. Hughes, Judge.\nReversed.\nW. W. Bandy, B. H. Crowley, for appellant.\nThe indictment-was fatal on demurrer. Sand. & H. Dig. \u00a7 1883; 33 Ark. 563; 50 Ark. 501; Rapalje. Larceny, 446, 648; Hughes, Cr. L. \u00a7 \u00a7 774, 792. To constitute robbery, the taking must be from the person or in the presence of the person robbed. Hughes, Cr. L- 566, 782; Rapalje, Larceny, 444; Hughes, Cr. L. \u00a7 \u00a7 766, 782. The defendant had a right to a full and correct statement of the law, which was omitted in this case. Hughes, Cr. L. \u00a7 3243; 56 Ark. 594; 60' Ark. 613; 63 Ark. 262; Rapalje, Larceny, \u00a7 248. The instruction defining an assault should have been given. 50 Ark. 528. The law relating to an alibi should have been given. 1 Am. & Eng. Enc. Law, 451; Rapalje, Larceny, \u00a7 256; Hughes, Cr. L. \u00a7 \u00a7 3245> 32491 65 Ark. 487; 55 Ark. 244; 59 Ark. 279; 69 Ark. 177; Rice, Cr. Ev. 688.\nGeorge W. Murphy, Attorney General, for appellee."
  },
  "file_name": "0530-01",
  "first_page_order": 548,
  "last_page_order": 550
}