Smith v. State
Supreme Court of Arkansas
APPEAL from Faulkner Circuit Court. Hon. J. N. Cypert, Circuit Judge. statement. At the March term, 1881, of the Circuit Court, of Faulkner county, Boze Smith was indicted for larceny of a bale of cotton. Upon the trial, the evidence showed that the cotton was stolen by other parties — that Smith was not present, but that he advised and encouraged them to ste’al it.
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APPEAL from Faulkner Circuit Court. Hon. J. N. Cypert, Circuit Judge. statement. At the March term, 1881, of the Circuit Court, of Faulkner county, Boze Smith was indicted for larceny of a bale of cotton. Upon the trial, the evidence showed that the cotton was stolen by other parties — that Smith was not present, but that he advised and encouraged them to ste’al it. The Court instructed the jury “ that larceny is the felonious stealing, taking and carrying away the personal property of another, and all persons being present, aiding and assisting, or not being present, hath counseled, advised…
1Opinion of the Court
OPINION.
Harrison, J.
Section 1238, Gantt's Biqest, declaring that one who aids, assists, abets, advises or encourages an-other in the commission of a crime “ shall be deemed inlaw a principal and punished accordingly,” has no reference to ■the manner of charging the offense. Construed with section 1243, part of the same Act (Act of February 16,1838), which says: “An accessory before or after the fact, may be indicted, arraigned, tried and punished, although the principal offender may not have been arrested and tried, or may have been pardoned or otherwise discharged,” its obvious meaning is,…
2Cases cited2 opinions
- People v. CampbellCalifornia Supreme Court · 1870
- People v. TrimCalifornia Supreme Court · 1870
3Cited by14 opinions
- Agresti v. StateCourt of Special Appeals of Maryland · 1967
- People v. . BlivenNew York Court of Appeals · 1889
- Rhea v. StateSupreme Court of Arkansas · 1912
- Roberts v. StateSupreme Court of Arkansas · 1910
- Hunter v. StateSupreme Court of Arkansas · 1912
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