Pinkerton v. State
Supreme Court of Arkansas
Appeal from Pike Circuit Court; James S. Steel, Judge; The evidence is not sufficient to sustain the verdict. Appellant was indicted as a principal, but on the trial the State adopted the theory that he was present aiding and abetting tbe crime. Kirby & Castle’s Digest,, section 1646, does not relieve tbe State of tbe burden of proving at least some agency employed by defendant in the alleged commission of tbe crime. Tbe State wholly failed to do this.
Read the full summary
Appeal from Pike Circuit Court; James S. Steel, Judge; The evidence is not sufficient to sustain the verdict. Appellant was indicted as a principal, but on the trial the State adopted the theory that he was present aiding and abetting tbe crime. Kirby & Castle’s Digest,, section 1646, does not relieve tbe State of tbe burden of proving at least some agency employed by defendant in the alleged commission of tbe crime. Tbe State wholly failed to do this. No proof of bis guilt was made, and the substantial rights of defendant were prejudiced by tbe informality of tbe verdict, and tbe court under…
1Opinion of the CourtHart, J.
John Pinkerton prosecutes this appeal to reverse a judgment of conviction against him for tbe crime of manufacturing spirituous liquors.
The sheriff of Pike County received information that .a wildcat still was located near the home of S. A. Morpbew in Pike County, Arkansas, and with two deputies went there to investigate tbe matter. They located tbe still, which was of 150 gallons, capacity, in a pasture about one-eigbtb of a mile from tbe residence of S. A. Morpbew. • They found a still full of mash and barrels and other things necessary to tbe operation of tbe still. Tbe sheriff went off to…
2Cases cited2 opinions
- Lowery v. StateSupreme Court of Arkansas · 1918
- Pinkerton v. StateSupreme Court of Arkansas · 1916