Jenkins v. State
Supreme Court of Arkansas
Appeal from "White Circuit Court; J. M. Jackson, Judge; 1. The motion for continuance should have been granted. It was an abuse of discretion by the court as the testimony was material. 2. There was a fatal variance between the indictment and proof. The money was alleged to be the property of E. E. Kent, cashier, and the proof shows it was that of the Bank of El Paso.
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Appeal from "White Circuit Court; J. M. Jackson, Judge; 1. The motion for continuance should have been granted. It was an abuse of discretion by the court as the testimony was material. 2. There was a fatal variance between the indictment and proof. The money was alleged to be the property of E. E. Kent, cashier, and the proof shows it was that of the Bank of El Paso. It does not charge that the money was in Kent’s possession as cashier or that he had a special ownership in it. 58 Ark. 37; 72 Id. 525; 70 Id. 165. 3. ’ It was not proven that it was lawful money of the United States as alleged.…
1Opinion of the CourtSmith, J.
Harold and Ellis Jenkins are brothers, and were jointly indicted as accessories before the fact to robbery. Their trials were separate, but both were convicted, and they have each prosecuted an appeal to this court. The questions raised in these appeals are so similar that we dispose of them in a single opinion. The principals in the crime were D. F. Lemmons and John Quattlebaum, and-the indictment alleged that it was committed by robbing R. E. Kent, cashier of the Bank of El Paso, of $1,700, lawful money of the United States, of the value of $1,700 and the ownership of the money was alleged…
2Cases cited11 opinions
- Routt v. StateSupreme Court of Arkansas · 1896
- State v. MontgomerySupreme Court of Missouri · 1904
- Russell v. StateSupreme Court of Arkansas · 1910
- Brooks v. . the PeopleNew York Court of Appeals · 1872
- Clary v. StateSupreme Court of Arkansas · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cobern v. StateSupreme Court of Alabama · 1962
- Mitchell v. StateCourt of Criminal Appeals of Alabama · 1976
- Jones v. StateSupreme Court of Arkansas · 1943
- Arnold v. StateSupreme Court of Arkansas · 1921
- Hoover v. StateSupreme Court of Arkansas · 1978
4 more not listed; retrieve them via the Exa API.