Cuzic v. State
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; J cunes Cochran, Judge; No venue was proved, and the judgment should be reversed. Bishop’s New. Crim.
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Appeal from Crawford Circuit Court; J cunes Cochran, Judge; No venue was proved, and the judgment should be reversed. Bishop’s New. Crim. Proc. sec. 360, 384; 56 Ark. 244; 77 Ark. 19; 92 Va. 824; 24 S. E. 272; 100 Va. 860 ; 42 S. E. 865; 8 Ark. 400; 35 Ark. 386; 58 Ark. 390. It is not necessary to prove the venue beyond a reasonable doubt, but it is sufficient if proof is made by a mere preponderance of the testimony. 62 Ark. 497; Enc. of Ev. vol. 13, pp. 931-932; 68 Ark. 336; 73 Ark. 484. The necessary proof was made by the witnesses of appellant and the State.
1Opinion of the CourtSmith, J.
Appellant -was convicted of voluntary manslaughter, and has appealed.
The only error assigned for the reversal of the judgment is that the State failed to prove the venue.
The crime was alleged to have been committed in Crawford County by killing one Ellis Edens.
The testimony on the question of venue is to the following effect: A warrant for the arrest of Virgil and Ellis Edens, who were brothers, was issued by W. H. White, a justice of the peace in and for the County of Adair, State of Oklahoma. This warrant was sent by the Oklahoma authorities to the authorities of Crawford County, where the…
2Cases cited3 opinions
- Cranford v. StateSupreme Court of Arkansas · 1917
- Hout v. HarveySupreme Court of Arkansas · 1918
- Wilson v. StateSupreme Court of Arkansas · 1896
3Cited by3 opinions
- Nobles v. StateSupreme Court of Arkansas · 1934
- Walker v. StateSupreme Court of Arkansas · 1930
- McFetridge v. StateWyoming Supreme Court · 1924