McCabe v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; John, Briesolara, Judge; 1. There was no error in the action of the trial court in permitting the State to make proof of the amount of money in the possession of deceased just prior to the commission of the offense. The defendant was indicted under the provisions of the first part of § 2343 of Crawford & Moses’ Digest.
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Appeal from Sebastian Circuit Court, Fort Smith District; John, Briesolara, Judge; 1. There was no error in the action of the trial court in permitting the State to make proof of the amount of money in the possession of deceased just prior to the commission of the offense. The defendant was indicted under the provisions of the first part of § 2343 of Crawford & Moses’ Digest. The indictment did not alleg’e that the murder was committed in the perpetration of or in the attempt to perpetrate a robbery. The defendant was convicted' of murder in the second degree; therefore, there was no error…
1Opinion of the CourtMcCulloch, C. J.
Appellant was jointly indicted with one Willard Jones for the crime of murder in the first degree, alleged to have been committed by killing Robert Couch. On a severance appellant was tried separately, and was convicted of murder in the second degree. ■ - ' 'i !
The evidence adduced by the State tended to show that, while appellant and Conch were walking through the railroad yards at Fort Smith one night about 9:30 o’clock in December, 1920, Couch was shot and killed by Willard Jones in an attempt to rob Couch. The theory of the State is that appellant and Jones had formed a conspiracy between…
2Cases cited2 opinions
- Rayburn v. StateSupreme Court of Arkansas · 1901
- State v. BogueSupreme Court of Kansas · 1893
3Cited by4 opinions
- State v. WilsonSupreme Court of Iowa · 1944
- House v. StateSupreme Court of Arkansas · 1936
- Morgan v. StateSupreme Court of Arkansas · 1922
- Brazel v. StateSupreme Court of Arkansas · 1988