Legal Opinion

Sullivan v. State

Supreme Court of Arkansas

Decided June 3, 1899PublishedCited by 9 opinions

Appeal from Greene Circuit Court. Felix G. Taylor, Judge. STATEMENT BY THE COURT. At'"the September term, 1895, of the Greene circuit court the appellant, William Sullivan, was indicted for grand larceny. At the spring term, 1899, the cause came on for trial. Appellant, waiving formal arraignment, entered his plea of not guilty, was tried, convicted and sentenced to one year in the penitentiary, and appealed to this court.

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Appeal from Greene Circuit Court. Felix G. Taylor, Judge. STATEMENT BY THE COURT. At'"the September term, 1895, of the Greene circuit court the appellant, William Sullivan, was indicted for grand larceny. At the spring term, 1899, the cause came on for trial. Appellant, waiving formal arraignment, entered his plea of not guilty, was tried, convicted and sentenced to one year in the penitentiary, and appealed to this court. The evidence on which appellant was convicted, in part, is as follows: B. A. Johnson, for the state: Was acquainted with the appellant in May, 1895. About that time witness…

1Opinion of the Court

Hughes, J.,

(after stating the facts.) • After much other testimony had been given, the court instructed the jury “that the confession made by the defendant to Col. B. A. Johnson, together with the fact that the meat was stolen, will justify you in finding the defendant guilty.” Defendant excepted.

The testimony of Col. B. A. Johnson as to the confessions of the defendant was not admissible. The proof shows that, they were made by the defendant in the hope that, if he would confess, he would be made a state’s witness against others, and that he would not be bound over or prosecuted “if he would…

2Cases cited2 opinions

  1. Commonwealth v. SegoMassachusetts Supreme Judicial Court · 1878
  2. Corley v. StateSupreme Court of Arkansas · 1887

3Cited by9 opinions

  1. Hammers v. StateSupreme Court of Arkansas · 1977
  2. McElroy v. StateMississippi Supreme Court · 1967
  3. State v. DyeNevada Supreme Court · 1913
  4. Porter v. StateSupreme Court of Arkansas · 1944
  5. White v. StateSupreme Court of Arkansas · 1901

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