Cumnock v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, First Division; Robert. J. Lea, Judge; No evidence of acts of an alleged conspirator should be admitted against a co-conspirator until a prima facie case is made out. 77 Ark. 444; 11 111. App. 188; 31 Gratt. 469. One conspirator can be held criminally liable for such acts only as could reasonably have been foreseen to occur in the execution ‘of the conspiracy agreed upon. 31 So. 280; 96 111. 73; 115 Ga. 584. Where- some act essential to the…
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Appeal from Pulaski Circuit Court, First Division; Robert. J. Lea, Judge; No evidence of acts of an alleged conspirator should be admitted against a co-conspirator until a prima facie case is made out. 77 Ark. 444; 11 111. App. 188; 31 Gratt. 469. One conspirator can be held criminally liable for such acts only as could reasonably have been foreseen to occur in the execution ‘of the conspiracy agreed upon. 31 So. 280; 96 111. 73; 115 Ga. 584. Where- some act essential to the crime of conspiracy is in fact done by a detective and not by -defendant, the latter’s guilt is not made out. 22 Kan.…
1Opinion of the CourtBattle, J.
The grand jury of Perry'County indicted Frank Cumnock and W. C. Faucette as follows:
“The grand jury of Perry County, in the name and by the authority of the State of Arkansas, accuse Frank Cumnock and W. C. Faucette of the crime of conspiracy, committed as follows, to-wit: The said Frank Cumnock and W. C. Faucette, in the county and State aforesaid, on the 9th day of August, A. D. 1907, unlawfully and corruptly did conspire, agree and confederate together, and each with the other, to commit the crime of bribery by then and there unlawfully and corruptly paying, and procuring to be paid and…
2Cases cited2 opinions
- Chapline v. StateSupreme Court of Arkansas · 1906
- Lawson v. StateSupreme Court of Arkansas · 1877
3Cited by6 opinions
- Gordon v. McLearnSupreme Court of Arkansas · 1916
- Cantrell v. StateSupreme Court of Arkansas · 1915
- State v. SmithSupreme Court of Arkansas · 1915
- Yedrysek v. StateSupreme Court of Arkansas · 1987
- Counts v. StateSupreme Court of Arkansas · 1915
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