Banks v. State
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; James. Cochran, Judge; 1. The evidence does not support the verdict. It does not connect defendant with the crime. 68 Ark. 529; 97 Id. 156. 2. - Nothing was carried away. No larceny was proven. 3. Instruction No. 4 is bad and misleading. 41 Ark. 479; 79 Id. 333; 34 Id. 158; 110 Id. 606; Kirby’s Digest, § § 1821, 1825. The larceny was not complete.
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Appeal from Crawford Circuit Court; James. Cochran, Judge; 1. The evidence does not support the verdict. It does not connect defendant with the crime. 68 Ark. 529; 97 Id. 156. 2. - Nothing was carried away. No larceny was proven. 3. Instruction No. 4 is bad and misleading. 41 Ark. 479; 79 Id. 333; 34 Id. 158; 110 Id. 606; Kirby’s Digest, § § 1821, 1825. The larceny was not complete. Only an attempt was shown. 4. A new trial should have been granted for newly-discovered evidence. 1. The evidence is sufficient. 2. The giving of instruction No. 4 was not prejudicial error. 59 Ark. 431; 77 Id.…
1Opinion of the CourtHumphreys, J.
Appellant was indicted, tried and convicted of the crime of grand larceny, in the Crawford Circuit Court. Prom the judgment of conviction an appeal has been prosecuted to this court.
It is first insisted that the evidence failed to connect appellant with the crime. The facts, in substance, are as follows:
Appellant had been in the employ of W. M. Garrett, who had been in the meat business on Main Street in Van Burén, for many years. Appellant’s duties were to clean up the shop and slaughter animals for the market. On November 16, 1917, he went to the country for two cattle, but returned too…
2Cases cited6 opinions
- Ward v. StateSupreme Court of Arkansas · 1908
- Osborne v. StateSupreme Court of Arkansas · 1910
- State v. HecoxSupreme Court of Missouri · 1884
- State v. . CraigeSupreme Court of North Carolina · 1883
- Armstrong v. StateSupreme Court of Arkansas · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Griffin v. StateSupreme Court of Arkansas · 1970
- Aetna Life Ins. Co. v. LangstonSupreme Court of Arkansas · 1934
- Missouri Pacific Transportation Company v. SimonSupreme Court of Arkansas · 1940
- Arkansas Power & Light Co. v. MartSupreme Court of Arkansas · 1933
- Jackson v. StateSupreme Court of Arkansas · 1949
3 more not listed; retrieve them via the Exa API.