Legal Opinion

Wiley v. State

Supreme Court of Arkansas

Decided December 13, 1909PublishedCited by 19 opinions

Error to Franklin Circuit Court; Jeptha H. Evans, Judge; The presumption that stolen property was, found on the thief is not conclusive, and, of itself, is not sufficient for a conviction. 34 Ark. 443; 68 Ark. 529. The act or declaration of a co-conspirator made after the transaction or enterprise is incompetent. 20 Ark. 216; 45 Ark. 132; Id. 165; Id. 328; 57 Ark. 1; 59 Ark. 422. Possession of recently stolen property is evidence to go to t'he jury for what it is worth. 34…

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Error to Franklin Circuit Court; Jeptha H. Evans, Judge; The presumption that stolen property was, found on the thief is not conclusive, and, of itself, is not sufficient for a conviction. 34 Ark. 443; 68 Ark. 529. The act or declaration of a co-conspirator made after the transaction or enterprise is incompetent. 20 Ark. 216; 45 Ark. 132; Id. 165; Id. 328; 57 Ark. 1; 59 Ark. 422. Possession of recently stolen property is evidence to go to t'he jury for what it is worth. 34 Ark. 443 ; 44 Ark. 39; '54 Ark. 621; 55 Ark. 244; 58 Ark. 576; 62 Ark. 494.

1Opinion of the CourtFrauenthal, J.

The defendant, Will Wiley, and one Tom Trotter, Jr., were jointly indicted by the grand jury of Franklin County, and charged with the crimes of burglary and grand larceny. In the first count of the indictment these parties were charged with burglarizing the store house of F. J. Stockton, and in the second count they were charged with taking, stealing and carrying therefrom a lot of goods and merchandise, the property of said Stockton. The goods and merchandise alleged to have been stolen consisted of a lot of calico, lawn, gingham, percale, chambray, ribbon, elastic, shirts, hose; slippers,…

2Cases cited18 opinions

  1. Polk v. StateSupreme Court of Arkansas · 1885
  2. Douglass v. StateSupreme Court of Arkansas · 1909
  3. Clinton v. EstesSupreme Court of Arkansas · 1859
  4. Williams v. StateSupreme Court of Arkansas · 1888
  5. Gill v. StateSupreme Court of Arkansas · 1894

13 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Spears v. StateSupreme Court of Arkansas · 1983
  2. State v. BrightmanSupreme Court of Iowa · 1961
  3. Morris v. United StatesCourt of Appeals for the Eighth Circuit · 1916
  4. Hooper v. StateSupreme Court of Arkansas · 1933
  5. Griffin v. StateSupreme Court of Arkansas · 1970

14 more not listed; retrieve them via the Exa API.

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