Terry v. State
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Northern District; George W. Ciarle, Judge; (1) The demurrer to the indictment should have been sustained. The statute defines an accessory after the fact to be a person who, after full knowledge that a crime has been committed, conceals it from the magistrate or harbors and protects the person charged with or found guilty of the crime. The indictment charges defendants with concealing the crime.
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Appeal from Prairie Circuit Court, Northern District; George W. Ciarle, Judge; (1) The demurrer to the indictment should have been sustained. The statute defines an accessory after the fact to be a person who, after full knowledge that a crime has been committed, conceals it from the magistrate or harbors and protects the person charged with or found guilty of the crime. The indictment charges defendants with concealing the crime. Nothing can be taken by in-tendment. 94 Ark. 242; 93 Ark. 81; 67 Ark. 308; 43 Ark. 93; 95 Ark. 48; 91 Ark. 5. The indictment is not sufficient. 88 Pac. 819; 104…
1Opinion of the CourtSmith, J.
Appellants were separately indicted and tried. The indictments are identical, and charge each appellant with the crime of 'being an accessory after the fact to the crime of murder in the first degree. They were convicted, and the punishment of each fixed at ten years in the penitentiary. The proceedings at the trial below are so nearly identical that the appeals have been briefed together as a single case.
The indictment against the appellant Terry reads as follows: “The grand jury of Northern District of Prairie County, in the name and by authority of the State of Arkansas, accuse S. A. Terry…
2Cases cited3 opinions
- Davis v. StateSupreme Court of Arkansas · 1910
- Coats v. StateSupreme Court of Arkansas · 1911
- Stevens v. StateSupreme Court of Arkansas · 1914
3Cited by7 opinions
- State v. LancilotiWashington Supreme Court · 2009
- State v. LancilotiWashington Supreme Court · 2009
- Collins v. StateSupreme Court of Arkansas · 1940
- State v. NeedhamMississippi Supreme Court · 1938
- Fields v. StateSupreme Court of Arkansas · 1948
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