Coon v. State
Supreme Court of Arkansas
Appeal from G-arland Circuit Court; Calvin T. Gotham, Judge; 1. The indictment should have been quashed because of the presence in the grand jury room, while they were taking testimony and investigating the case, of an attorney employed by the prosecuting witness for the purpose of prosecuting appellant. Kirby’s Dig., § 2211; 7 Tex. App. 519; 126 Pa. St. 53,12 Am.
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Appeal from G-arland Circuit Court; Calvin T. Gotham, Judge; 1. The indictment should have been quashed because of the presence in the grand jury room, while they were taking testimony and investigating the case, of an attorney employed by the prosecuting witness for the purpose of prosecuting appellant. Kirby’s Dig., § 2211; 7 Tex. App. 519; 126 Pa. St. 53,12 Am. St. Rep. 894, and notes at page 900. 2. Under the evidence adduced in this case, if any crime was committed, it was the crime of robbery, and not larceny, and the court erred in refusing to instruct the jury at appellant’s request,…
1Opinion of the CourtMcCulloch, C. J.
The grand jury of Garland County returned an indictment against appellant, charging him with the crime of grand larceny, committed by stealing, taking and carrying away $20,000 in paper money, the personal property of one Frank P. Fox, and on a trial before a jury the defendant was convicted and sentenced to the penitentiary.
The facts of the case, as adduced from the State’s testimony, accepting it as true in its strongest light, are about as follows: Fox resides in the State of Indiana, and is said to be a man of considerable wealth. He had an acquaintance in that State named Worth, who was…
2Cases cited5 opinions
- Bennett v. StateSupreme Court of Arkansas · 1896
- Routt v. StateSupreme Court of Arkansas · 1896
- Tiner v. StateSupreme Court of Arkansas · 1913
- Johnson v. StateSupreme Court of Arkansas · 1905
- Hindman v. StateSupreme Court of Arkansas · 1904
3Cited by12 opinions
- Martin v. StateSupreme Court of Florida · 1930
- Pickens v. StateSupreme Court of Arkansas · 1977
- State v. EyleOregon Supreme Court · 1963
- Parker v. StateSupreme Court of Arkansas · 1975
- Weems v. AndersonSupreme Court of Arkansas · 1974
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