Autrey v. State
Supreme Court of Arkansas
Appeal from Franklin Circuit Court, Ozark District; Jeptha H. Evans, Judge; STATEMENT BY THE COURT. Appellant was convicted of the offense of grand larceny, under an indictment charging him with stealing a certain steer, the property of one D. Jordan. The evidence in the case was circumstantial, and its sufficiency is challenged upon this appeal.
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Appeal from Franklin Circuit Court, Ozark District; Jeptha H. Evans, Judge; STATEMENT BY THE COURT. Appellant was convicted of the offense of grand larceny, under an indictment charging him with stealing a certain steer, the property of one D. Jordan. The evidence in the case was circumstantial, and its sufficiency is challenged upon this appeal. The evidence upon the part of [he State was substantially as follows: That Mr. Jordan missed his steer and began -an investigation to locate it, and found where the animal had been killed 300 or 400 yards inside of a field belonging to appellant’s…
1Opinion of the Court
Smith, J.,
(after stating the facts). Appellant complains of instruction No. 8, set out in the statement of facts, and says that it was erroneous and prejudicial because it contains a comment upon the evidence. We think the instruction was an improper one, but we can not say that it was prejudicial, as there were circumstances which were not only suspicious but which are, in our opinion, legally sufficient to sustain a verdict of guilty; and, as the defendant undertook to explain away these circumstances and to show that, although the crime of lareency had been committed, that he had no guilty…
2Cited by10 opinions
- Alford v. StateSupreme Court of Arkansas · 1954
- Rogers v. StateSupreme Court of Arkansas · 1918
- Edens v. StateSupreme Court of Arkansas · 1963
- State v. DavisIdaho Supreme Court · 1937
- Clark v. StateSupreme Court of Arkansas · 1969
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