Osborne v. State
Supreme Court of Arkansas
Appeal from Arkansas Circuit iCourt; Bugene Lankford, Judge; 1. The writ coram nobis should have been allowed. Its purpose was to produce testimony, either before this court or the court below, discovered after the trial and judgment, which completely exonerated defendant from any crime.
Read the full summary
Appeal from Arkansas Circuit iCourt; Bugene Lankford, Judge; 1. The writ coram nobis should have been allowed. Its purpose was to produce testimony, either before this court or the court below, discovered after the trial and judgment, which completely exonerated defendant from any crime. The motion therefor has merit and shows due diligence. 2. The testimony of Bradley, as explained, and of Osborne shows that the logs were not branded, and there was no testimony connecting defendant with the taking of the logs. 69 Ark. 545. 3. The indictment was fatally defective, and there was a variance…
1Opinion of the CourtFrauentirar, J.
The defendant, A1 Osborne, was convicted of the crime of grand larceny, and sentenced to the penitentiary for a term of one year. He was charged with the larceny of ‘‘twenty-two sawlogs, of the value of thirty-three dollars, and the personal property of W. R. Nowlin.” The testimony on the part of the State tended to prove that prior to and in March, 1909, Nowlin was the owner of a lot of sawlogs which bad been placed in what is known as Garland Lake, in Arkansas County, and in the bayou connecting same with the Arkansas River. Some of these logs were marked with the brand of “K-4,” and other…
2Cases cited8 opinions
- Howard v. StateSupreme Court of Arkansas · 1893
- Bussey v. StateSupreme Court of Arkansas · 1901
- Beard v. StateSupreme Court of Arkansas · 1906
- Douglass v. StateSupreme Court of Arkansas · 1909
- Armstrong v. StateSupreme Court of Arkansas · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Smith v. StateSupreme Court of Arkansas · 1940
- Gross v. StateSupreme Court of Arkansas · 1967
- Cole v. StateSupreme Court of Arkansas · 1922
- Roath v. StateSupreme Court of Arkansas · 1932
- Little v. StateSupreme Court of Arkansas · 1923
14 more not listed; retrieve them via the Exa API.