Woodward v. State
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, ' Judge; statement by the court. The appellants were indicted for larceny in the first count, and for receiving stolen property in the second count, and the jury returned the following verdict:/‘We, the jury, find the defendants in the first count not guilty. B. W. Benton, Foreman.
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Appeal from Jefferson Circuit Court; Antonio B. Grace, ' Judge; statement by the court. The appellants were indicted for larceny in the first count, and for receiving stolen property in the second count, and the jury returned the following verdict:/‘We, the jury, find the defendants in the first count not guilty. B. W. Benton, Foreman. We, the jury, find the defendants guilty in the second count as charged in the indictment, and assess their punishment at one year in the State penitentiary. B. W. Benton, Foreman.” Judgment was rendered, sentencing each to one year in the penitentiary, and…
1Opinion of the Court
Hiuu, C.J.,
(after stating the facts.) 1. Objection is raised to the form of the verdict as too indefinite to fix the punishment of each separately. It was manifestly intended by the jury to assess their punishment at one year each, as it would be improbable that they intended a joint sentence, each serving six months alternately or concurrently. “While absolute certainty is not essential (in a verdict), there must be certainty to a common and reasonable intent.” 29 Am. & Eng. Enc. of Law (2d Ed.), 1016. This verdict is sufficient to meet the requirement.
2. Objection is raised to the evidence…
2Cases cited4 opinions
- Howard v. StateSupreme Court of Arkansas · 1904
- Johnson v. StateSupreme Court of Arkansas · 1905
- Trowbridge v. StateSupreme Court of Georgia · 1885
- Stephens v. StateSupreme Court of Georgia · 1898
3Cited by13 opinions
- State v. DuLaneySupreme Court of Arkansas · 1908
- Davis v. StateAlabama Court of Appeals · 1913
- People v. SchwarzCalifornia Court of Appeal · 1926
- Myers v. MartinSupreme Court of Arkansas · 1925
- Jenkins v. StateSupreme Court of Arkansas · 1935
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