Barnes & York v. State

Appellants, Barnes and York, were convicted of the crime of grand larceny and their punishment was assessed at five years’ imprisonment in the State Penitentiary. This is the second appeal in this case. On the first appeal, Barnes and York v. State, 215 Ark. 781, 223 S. W. 2d 503, a similar judgment was reversed because of the introduction of prejudicial hearsay testimony, and the cause was remanded for a new trial.

These facts were established by the undisputed testimony: On the night of November 4, 1948, the store building of Moore Brothers, located on the outskirts of Blytheville, Arkansas,…