Kennedy v. State
Supreme Court of Arkansas
Appeal from Howard Circuit Court; Jefferson T. Cowling, Judge; 1. The third instruction given at the request of the State is erroneous and prejudicial in that it authorizes a conviction notwithstanding the provision of the statute to the effect that the corroboration of the testimony of an accomplice shall not be sufficient unless it tends to connect the defendant with the commission of the crimé.
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Appeal from Howard Circuit Court; Jefferson T. Cowling, Judge; 1. The third instruction given at the request of the State is erroneous and prejudicial in that it authorizes a conviction notwithstanding the provision of the statute to the effect that the corroboration of the testimony of an accomplice shall not be sufficient unless it tends to connect the defendant with the commission of the crimé. Kirby’s Dig., § 2384. While the weight of the corroborating testimony is a question for the jury, yet it must be of a substantial character, independent of the testimony of the accomplice, which of…
1Opinion of the CourtMcCulloch, C. J.
Defendant, Will Kennedy, wa,s convicted of the crime of grand larceny under an indictment charging him with stealing a cow, the property of Mrs. J. A. Parker. The evidence tends to show that the defendant and Mack Craig, who were separately in-dieted for the same offense, took the cow of Mrs. Parker out of the range and carried it up to the house of one Purcell and butchered it. 1 Purcell was a witness in the case and gave damaging testimony against the defendant. His own testimony tended to show that he accepted some of the meat from the butchered animal, but refused to accept money for the…
2Cited by6 opinions
- Casteel v. StateSupreme Court of Arkansas · 1921
- Powell v. StateSupreme Court of Arkansas · 1928
- Mankey v. StateSupreme Court of Arkansas · 1936
- Knight v. StateSupreme Court of Arkansas · 1958
- Padgett v. StateSupreme Court of Arkansas · 1948
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