Leach v. State, Cr. 3910.

• Court: Arkansas Supreme Court
• Writing for the Court: Baker
• Citation: Leach v. State, 81 S.W.2d 15 (Ark. 1935)
• Decision Date: 15 April 1935
• Docket Number: Cr. 3910.
• Parties: LEACH v. STATE.

Page 15

81 S.W.2d 15

LEACH v. STATE.

Cr. 3910.

Supreme Court of Arkansas.

April 15, 1935.

Appeal from Circuit Court, Clay County, Western District; G. E. Keck, Judge.

John Leach was convicted of burglary and grand larceny, and he appeals.

Affirmed.

Carl E. Bailey, Atty. Gen., and Guy E. Williams, Asst. Atty. Gen., for the State.

BAKER, Justice.

The record in this case shows that the grand jury for the Western district of Clay county returned an indictment against the appellant at the June term, 1933, charging the appellant in the first count with burglary by breaking and entering a store building of D. P. Day with the intent to commit grand larceny; and in the second count with having taken, stolen, and carried away goods, wares, and merchandise of the total value of $37.15. The merchandise stolen was particularly described with values of articles stolen particularly set forth. The indictment was in good form, legally correct as to the offenses charged.

On June 11, 1934, defendant was tried before a jury after formal arraignment and found guilty on both counts of the indictment. The jury, by its verdict, on the charge of burglary, fixed defendant's term at two years in the penitentiary, but recommended a suspension of the sentence.

On the grand larceny charge the defendant's punishment was fixed at one year in...