Overman v. State
Supreme Court of Arkansas
APPEAL from Washington Circuit Court. J. M. Pittman, Judge. The evidence wholly and utterly fails to sustain the verdict. The bill of exceptions does not state that it contains all the evidence adduced, and the presumption is, that the verdict is supported by the evidence. Ark. Reports, passim. The evidence in this case is wholly circumstantial, but when it is abundant in circumstances it is superior to positive evidence. Burke s Works, vol. 2, p. 624.
1Opinion of the CourtSmith, J.
Overman was indicted and convicted as an accessory of Sam Jones in the murder of one Keltner, and was sentenced to be hanged. His motion for a new trial alleged, amongst other grounds, that the verdict was contrary to the evidence, and was not supported by sufficient evidence. The bill of exceptions does not expressly negative the introduction of any other testimony than that which it sets out. It begins with the formula thatthe State, to maintain the issue on its part, swore a certain-named witness, whose testimony follows, together with that of about twenty other witnesses. It then recites…
2Cited by7 opinions
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- Abbott v. KennedySupreme Court of Arkansas · 1918
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- Warden v. MiddletonSupreme Court of Arkansas · 1913
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