Roy v. State
Supreme Court of Arkansas
Appeal from Polk Circuit Court; James S. Steel, Judge; One not present when an offense is committed cannot properly be indicted as principal. 109 Ark. 498; 37 Ark. 274; 41 Ark. 173; 96 Ark. 58; 109 Ark. 389. Defendant’s objection to the opening statements of the prosecuting attorney should have been sustained. 62 Ark. 516; 71 Ark. 415. The testimony of J. A. Thornton and Jim Murray as to an unlawful organization should have been excluded.
Read the full summary
Appeal from Polk Circuit Court; James S. Steel, Judge; One not present when an offense is committed cannot properly be indicted as principal. 109 Ark. 498; 37 Ark. 274; 41 Ark. 173; 96 Ark. 58; 109 Ark. 389. Defendant’s objection to the opening statements of the prosecuting attorney should have been sustained. 62 Ark. 516; 71 Ark. 415. The testimony of J. A. Thornton and Jim Murray as to an unlawful organization should have been excluded. It was error to permit Jim Murray to testify that the defendant had been convicted of stealing- chickens. One theft cannot be proved by another unless the…
1Opinion of the Court
. Humphreys, J.
Appellant was indicted in the Polk Circuit Court, as principal, for the crime of grand larceny, by unlawfully and feloniously stealing a cow, the property of Ira McCown, in Polk County, Arkansas, on the 10th day of September, 1921. At the same term of the court he was tried and convicted of the charge, and as punishment therefor sentenced to serve a term of one year in the State penitentiary. From the judgment of conviction he has duly prosecuted an appeal to this court.
The evidence adduced on behalf of the State tended to show that appellant was a member of an organization in…
2Cases cited3 opinions
- Roberts v. StateSupreme Court of Arkansas · 1910
- Hunter v. StateSupreme Court of Arkansas · 1912
- Jones v. StateSupreme Court of Arkansas · 1913
3Cited by1 opinion
- Crow v. StateSupreme Court of Arkansas · 1935