Blankenship v. State
Supreme Court of Arkansas
APPEAL from White Circuit Court. Grant Green, Jr., Judge. 1. If the evidence as to an alibi was sufficient to create-a reasonable doubt in the minds of the jury, as to whether defendant was present, it was[the[duty of the jury, to acquit, and the jury should have been so charged. 39®_Ohio-St., 215; Bish., Cr. Pro., sec. 1066; Whart., Cr.
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APPEAL from White Circuit Court. Grant Green, Jr., Judge. 1. If the evidence as to an alibi was sufficient to create-a reasonable doubt in the minds of the jury, as to whether defendant was present, it was[the[duty of the jury, to acquit, and the jury should have been so charged. 39®_Ohio-St., 215; Bish., Cr. Pro., sec. 1066; Whart., Cr. Ev., sec. 333; 46 Ark., 152. 2. The ownership of the propertyjnust be proved as alleged in the indictment. 42 Ark.,[73. 3. The court invaded the*"province of the jury. They were the sole judges of the weightjjand credit to be given* the testimony. Art. 7,…
1Opinion of the CourtBattle, J.
John Blankenship was indicted in the White ■circuit court for grand larceny and for receiving certain goods, knowing them to be stolen, with the intent to deprive the true owner thereof. The indictment contained two counts, he being charged with grand larceny in one and with receiving stolen goods in the other. The goods mentioned in both counts were alleged to be the property of J. P. Kirby and G. W. Leggett. The defendant was tried and convicted of grand larceny. He filed a motion for a new trial, which was overruled. He was then sentenced to the penitentiary for one year, and he appealed.
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2Cases cited4 opinions
- Commonwealth v. ChoateMassachusetts Supreme Judicial Court · 1870
- Howard v. StateIndiana Supreme Court · 1875
- Pollard v. StateMississippi Supreme Court · 1876
- Bennett v. StateCourt of Appeals of Texas · 1891
3Cited by41 opinions
- Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
- Thiel v. DoveSupreme Court of Arkansas · 1958
- Mays v. StateSupreme Court of Arkansas · 1924
- Douglass v. StateSupreme Court of Arkansas · 1909
- State v. BallouSupreme Court of Rhode Island · 1898
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