Legal Opinion

Roberts v. State

Supreme Court of Arkansas

Decided October 3, 1910PublishedCited by 17 opinions

Appeal from Cross Circuit Court; Frank Smith, Judge; 1. Taylor and Robinson were accomplices. The testimony of one accomplice cannot be used to corroborate the testimony of the other. 2. ■ It was error to admit testimony to show that appellant had been convicted of another offense.

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Appeal from Cross Circuit Court; Frank Smith, Judge; 1. Taylor and Robinson were accomplices. The testimony of one accomplice cannot be used to corroborate the testimony of the other. 2. ■ It was error to admit testimony to show that appellant had been convicted of another offense. It was inadmissible. 67 Ark. 112; 65 Ark. 278; 66 Ark. 494; 68 Ark. 606; 76 Ark. 302. Proof of other crimes is always to be excluded unless it is necessary to show a motive for the offense charged, or where the offense charged is a series of acts all of which are criminal. 21 Cyc. 899; 91 Ark. 555. 3. Where it was…

1Opinion of the CourtMcCulloch, C. J.

Appellant, George Roberts, was indicted by the grand jury of Cross County, the count upon which he was convicted accusing him of the crime of accessory before the fact to the murder of one J. S. Bene, one Wes Taylor being named in the indictment as principal. No objection has been raised as to the form of the indictment. The jury returned a verdict finding appellant guilty of murder in the second degree, and fixing his punishment at confinement in the penitentiary for a term of ten years.

The crime was one of shocking atrocity. The appellant and deceased, Bene, were rival merchants at the…

2Cases cited3 opinions

  1. Blackshare v. StateSupreme Court of Arkansas · 1910
  2. Benton v. StateSupreme Court of Arkansas · 1906
  3. Smith v. StateSupreme Court of Arkansas · 1881

3Cited by17 opinions

  1. Moody v. StateCourt of Criminal Appeals of Oklahoma · 1917
  2. McGehee v. StateSupreme Court of Arkansas · 2002
  3. McGough v. StateSupreme Court of Arkansas · 1914
  4. Trammell v. StateSupreme Court of Arkansas · 1936
  5. Sargent v. StateSupreme Court of Arkansas · 1981

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