Gordon v. McLearn
Supreme Court of Arkansas
Appeal from Greene Circuit Court; W. J. Driver, Judge; 1. To sustain the judgments it was necessary to find against both defendants. Since Malin was discharged it is evident there was no conspiracy. The acquittal of one co-conspirator operates as a discharge of the other, 117 Ark. 384; 87 Ark. 34. 2. There is no evidence to sustain the allegation that there was a conspiracy and the jury so found.
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Appeal from Greene Circuit Court; W. J. Driver, Judge; 1. To sustain the judgments it was necessary to find against both defendants. Since Malin was discharged it is evident there was no conspiracy. The acquittal of one co-conspirator operates as a discharge of the other, 117 Ark. 384; 87 Ark. 34. 2. There is no evidence to sustain the allegation that there was a conspiracy and the jury so found. The court erred in refusing appellant’s prayer for a directed verdict. 20 Ark. 225; Words & Phrases, vol. 2, p. 1454. 3. The court erred in its charge to the jury. Where a person does no more than to…
1Opinion of the CourtSmith, J.
Appellees recovered damages, both compensatory and punitive, against appellant in a*suit for malicious, prosecution. Appellees brought separate suits against appellant and R. B. Malin, but by consent the causes were consolidated and tried together and a verdict rendered in each case against appellant Gordoii for $25 compensatory damages and $1,000 punitive damages, but a verdict was rendered in each case in favor of Malin. It was' alleged- in each of the complaint's that Malin and Gordon Conspired together to cause the arrest and prosecution "of appellees' upon the false charge of having…
2Cases cited2 opinions
- State v. SmithSupreme Court of Arkansas · 1915
- Cumnock v. StateSupreme Court of Arkansas · 1908
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