Gallaher v. State
Supreme Court of Arkansas
Appeal from Benton Circuit Court; James A. Rice, Special Judge; 1. It was prejudicial to defendant to require him to testify to having, 18 months before the alleged offense for which .he was on trial, bought a sack of sugar from the same Reed, there being no evidence that it was stolen sugar. 2. Whether or not defendant was a partner in the firm of Gallaher & Cunningham and financially interested therein was a proper circumstance to go to the jury, along with all other facts…
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Appeal from Benton Circuit Court; James A. Rice, Special Judge; 1. It was prejudicial to defendant to require him to testify to having, 18 months before the alleged offense for which .he was on trial, bought a sack of sugar from the same Reed, there being no evidence that it was stolen sugar. 2. Whether or not defendant was a partner in the firm of Gallaher & Cunningham and financially interested therein was a proper circumstance to go to the jury, along with all other facts and circumstances in evidence, as tending to prove whether or not he received the property knowing it to be stolen. It…
1Opinion of the CourtHill, C. J.
Gallaher was convicted of knowingly receiving stolen property. Without going into the evidence, it is sufficient to say that it was ample to sustain the verdict. Errors are assigned in the instructions, but the court fails to find any departure from established precedents.
Gallaher purchased the propeiW at night for a greatly reduced price of one Reed, who has pleaded guilty to stealing it. The property (ten sacks of sugar) was placed in stock in the store of Cunningham & Gallaher. Two witnesses for the State testified that Samuel Gallaher, father of the appellant, stated that the appellant…
2Cited by5 opinions
- Morris v. StateSupreme Court of Arkansas · 1939
- Pate v. StateSupreme Court of Arkansas · 1944
- Fisher v. StateSupreme Court of Arkansas · 1966
- French v. StateSupreme Court of Arkansas · 1960
- St. Louis, Iron Mountain & Southern Railway Co. v. FisherSupreme Court of Arkansas · 1906