Thomas v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, -Fort Smith District; Daniel Hon, Judge; 1. The court should have sustained appellant’s motion for peremptory charge to acquit. The evidence is clear that there was never as much as $10.00 in the meter at one time, and that at the date in question there could not have been more than twenty-five cents.
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Appeal from Sebastian Circuit Court, -Fort Smith District; Daniel Hon, Judge; 1. The court should have sustained appellant’s motion for peremptory charge to acquit. The evidence is clear that there was never as much as $10.00 in the meter at one time, and that at the date in question there could not have been more than twenty-five cents. If there was an intent to commit petit larceny only, there was no burglary. 61 Ark. 341, 347. 2. The remarks of the prosecuting attorney in argument to the jury were unfair and prejudicial, and those remarks particularly which declared that the court would…
1Opinion of the CourtMcCulloch, C. J.
This is an appeal from a judgment of conviction for the crime of burglary, appellant being charged with having, in the night-time, broken and entered a house in the city of Fort Smith occupied by one Johnson as a pool hall. It is further charged that the defendant entered the house with felonious intent to steal the personal property of said Johnson of the value of $25.00.
At the trial of the case the State introduced a witness who testified that he saw appellant raise the window . of Johnson’s pool hall and enter the room; that he fol-j lowed appellant into the room and heard him knocking on…
2Cases cited7 opinions
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- Sharp v. StateSupreme Court of Arkansas · 1888
- Cogburn v. StateSupreme Court of Arkansas · 1905
- Birones v. StateSupreme Court of Arkansas · 1912
- Harvick v. StateSupreme Court of Arkansas · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Scates v. StateSupreme Court of Arkansas · 1968
- Clay v. StateSupreme Court of Arkansas · 1963
- Duren v. StateSupreme Court of Arkansas · 1922
- Hearn v. StateSupreme Court of Arkansas · 1947
- Perry v. StateSupreme Court of Arkansas · 2014
4 more not listed; retrieve them via the Exa API.