Legal Opinion

Sims v. State

Supreme Court of Arkansas

Decided May 12, 1900PublishedCited by 5 opinions

Appeal from Pope Circuit Court. Wm. L. Moose, Judge. The evidence is not sufficient to sustain the verdict. It was error to require appellant to go to trial upon his co-defendant’s second trial. Sand. & H. Dig., § 2189. There was no error in the court’s ruling requiring appellant to go to trial before the r«-trial of his co-defendant.

1Opinion of the Court

Battle J.

Two questions are presented in this cause for decision:

Fii’st. Did the court err in requiring appellant to go into trial before W. Y. Davis, a co-defendant, was acquitted, convicted, or finally discharged?

Second. Was the verdict of the jury sustained by evidence?

First. The appellant insists that the court erred in requiring him to go into trial before his co-defendant, W. Y. Davis, was again tried, after he (Davis) had been on trial, and the jury impaneled to try him had failed to agree as to his guilt or innocence, and had been discharged. He cites a statute to sustain his…

2Cited by5 opinions

  1. Clark v. StateSupreme Court of Arkansas · 1925
  2. Burns v. StateSupreme Court of Arkansas · 1922
  3. Harris v. StateSupreme Court of Arkansas · 1928
  4. Coe v. StateSupreme Court of Arkansas · 1927
  5. Clark v. StateSupreme Court of Arkansas · 1925

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