Leake v. State
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court; George R. Haynie, Judge; Production of the original order was material. No sufficient foundation was laid for the production of secondary evidence.
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Appeal from Ouachita Circuit Court; George R. Haynie, Judge; Production of the original order was material. No sufficient foundation was laid for the production of secondary evidence. The testimony of A. D. Pope, the prosecuting attorney, was pure hearsay. 60 Ark. 141. As to whether or not the loss of the order was sufficiently accounted for to warrant the admission of secondary evidence of its contents was a question for the court, and its holding will not he disturbed unless there was a manifest abuse of discretion. 1 Greenleaf on Evidence, § 558; 60 Ark. 141. Diligent search was made ¡by…
1Opinion of the CourtHast, J.
Huby Leake prosecutes this appeal to reverse a judgment of conviction against him for the crime of uttering a forged instrument.
The indictment charges the defendant with the crime of uttering a forged order drawn on George Gordon, a merchant of Camden, Arkansas, purporting to be signed by Will Blakely. At the time of the trial the State did not produce the instrument, but proved its contents by George Gordon and Will Blakely, and also proved by them that the defendant uttered the forged order in Ouachita County, Arkansas, within three years prior to the finding of the indictment.
As a…
2Cases cited1 opinion
- Wilburn v. StateSupreme Court of Arkansas · 1895
3Cited by1 opinion
- Calhoun v. StateSupreme Court of Arkansas · 1929