Legal Opinion

State v. Spear & Boyce

Supreme Court of Arkansas

Decided April 24, 1916PublishedCited by 37 opinions

Appeal from White Circuit Court; J. M. Jackson, Judge; 1. It was error to instruct a verdict for defendant upon the testimony. 94 Ark. 169; 99 Id. 121; 17 Id. 1.

1Opinion of the Court

Per Curiam :

The two defendants, Will Spears and Arch Boyce, were indicted for the crime of grand larceny, alleged to have been committed by stealing one hog, the property of Wylie Goad, and on the trial of the ease before a jury the court gave a peremptory instruction in favor of the defendants. Judgment of acquittal was entered on the verdict and the State has appealed.

The only question presented is whether or not the evidence was sufficient to warrant a 'Submission of the issue to the jury. The statute provides that the State may appeal from a judgment acquitting the defendants in a felony…

2Cited by37 opinions

  1. State v. StephensonSupreme Court of Arkansas · 1997
  2. State v. BrowningSupreme Court of Arkansas · 1944
  3. State v. McCormackSupreme Court of Arkansas · 2000
  4. State v. GuthrieSupreme Court of Arkansas · 2000
  5. State v. DawsonSupreme Court of Arkansas · 2001

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