Lucius v. State
Supreme Court of Arkansas
Appeal from Desha Circuit Court; Antonio B. Grace, Judge; 1. The evidence does not support the verdict. It is too unsatisfactory and indefinite as ¡to the asportation; does no more than raise a suspicion, and is so completely lacking in convincing force as to a criminal intent, that the presumption of innocence stands undisturbed. 137 Ind. 474 ; 45'Am.
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Appeal from Desha Circuit Court; Antonio B. Grace, Judge; 1. The evidence does not support the verdict. It is too unsatisfactory and indefinite as ¡to the asportation; does no more than raise a suspicion, and is so completely lacking in convincing force as to a criminal intent, that the presumption of innocence stands undisturbed. 137 Ind. 474 ; 45'Am. St. Rep. 212; 85 Ark. 360; 91 Ark. 492; 100 Ark. 184; 96 Ark. 148. 2. It was reversible error to refuse the instruction to the effect that the defendant was entitled to the same consideration as any other witness, and that the fact that he was…
1Opinion of the Court
Hart, J.,
Appellant, R. L. Lucius, was indicted, tried before a jury, and convicted of the crime of grand larceny, charged to have been committed by stealing forty oak logs, the property of John Shadwell. From ■the judgment of conviction he has duly prosecuted an appeal to this court.
It is contended by counsel for the appellant that the evidence is not sufficient to warrant his conviction. He insists that the evidence goes no further than to raise a -suspicion of guilt. We can not .agree with him in this contention. It is true the appellant testified positively that he did not take any of…
2Cases cited7 opinions
- Allison v. StateSupreme Court of Arkansas · 1905
- Hamilton v. StateSupreme Court of Arkansas · 1896
- Jackson v. StateSupreme Court of Arkansas · 1909
- Blair v. StateSupreme Court of Arkansas · 1901
- Holmes v. Bluff City Lumber Co.Supreme Court of Arkansas · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Thomas v. StateSupreme Court of Arkansas · 1979
- Pate v. StateSupreme Court of Arkansas · 1944
- Atkinson v. StateSupreme Court of Arkansas · 1918
- Hays v. StateSupreme Court of Arkansas · 1951
- McKinney v. StateSupreme Court of Arkansas · 1949
3 more not listed; retrieve them via the Exa API.