Birones v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; 1. There is no fatal variance between the allegation and the proof. The name “Nowlin” and “Nolan” are idem sonans. 72 Ark. 618; 1 Ark. 503; 20 Ark. 97; 12 Ark. 128; 62 Ark. 516; 35 S. W. (Tex.) 173; 91 Va. 808; 29'Cyc. 272 et seq. 2. There is no error in admitting the testimony touching the identification of the defendant at the city hall by the prosecuting witness.
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Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; 1. There is no fatal variance between the allegation and the proof. The name “Nowlin” and “Nolan” are idem sonans. 72 Ark. 618; 1 Ark. 503; 20 Ark. 97; 12 Ark. 128; 62 Ark. 516; 35 S. W. (Tex.) 173; 91 Va. 808; 29'Cyc. 272 et seq. 2. There is no error in admitting the testimony touching the identification of the defendant at the city hall by the prosecuting witness. It was competent for her to tell the circumstances under which she next saw the defendant. 103 Ark. 165. • 3. No exceptions were saved to the court’s failure…
1Opinion of the CourtMcCulloch, C. J.
The grand jury of Pulaski County returned two indictments against defendant, David Birones, one charging him with the crime of assault with intent to kill, committed by shooting at Miss Ruth Andrews, and the other charging him with the crime of burglary, committed by entering the dwelling house of Miss Mary Nolan in the night time with the felonious intent to ravish her, and also .that he entered with the felonious intent to steal the property of said Mary Nolan. Pleas of not guilty were entered in each case, and by consent of the prosecuting attorney and defendant’s counsel the two cases…
2Cases cited4 opinions
- Bennett v. StateSupreme Court of Arkansas · 1896
- Warren v. StateSupreme Court of Arkansas · 1912
- Pitsnogle v. CommonwealthSupreme Court of Virginia · 1895
- Harvick v. StateSupreme Court of Arkansas · 1887
3Cited by13 opinions
- Cromwell v. StateSupreme Court of Arkansas · 1980
- Conley v. StateSupreme Court of Arkansas · 1981
- Oma Roy Eidson v. United StatesCourt of Appeals for the Tenth Circuit · 1959
- McCroskey v. StateSupreme Court of Arkansas · 1980
- Trimble & Williams v. StateSupreme Court of Arkansas · 1957
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