Penny v. State
Supreme Court of Arkansas
Appeal from Greene Circuit Court; J. F. Gautney, Judge; 1. The court erred in permitting the child, Leslie Penny, to testify without first showing his qualification to testify. 93 Ark. 156. . 2. The evidence does not sustain the verdict. 93 Ark. 479; Id. 482. Leslie Penny was properly qualified as a witness. 93 Ark. 156.
1Opinion of the CourtMcCulloch, C. J.
Appellant was convicted of the crime of grand larceny, the charge being that he found a lost pocketbook containing the sum of $22 in money, which was the property of one Elmer Walker, and feloniously appropriated it to his own use, with intent to deprive the owner thereof.
Elmer Walker is a school teacher, and lost his pocketbook, containing the amount of money mentioned above, while going along the road to the country schoolhouse where he was engaged in teaching. He didn’t miss the pocketbook until some time later in the day.
The State introduced as a witness the son of appellant, a child…
2Cases cited2 opinions
- Crosby v. StateSupreme Court of Arkansas · 1910
- Brewer v. StateSupreme Court of Arkansas · 1910
3Cited by3 opinions
- Durham v. StateSupreme Court of Arkansas · 1929
- Reynolds v. StateSupreme Court of Arkansas · 1952
- Hudson v. StateSupreme Court of Arkansas · 1944