Dennis v. State
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; Joseph W. Phillips, Special Judge; 1. There is no proof that the hogs were stolen, nor that they were Harris’s hogs — just a suspicion that they might have been stolen. A suspicion is not enough to sustain a conviction. 85 Ark. 360. Nor did Harris say that these were his hogs, nor that they were stolen. 2. An alibi was clearly shown.
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Appeal from Jackson Circuit Court; Joseph W. Phillips, Special Judge; 1. There is no proof that the hogs were stolen, nor that they were Harris’s hogs — just a suspicion that they might have been stolen. A suspicion is not enough to sustain a conviction. 85 Ark. 360. Nor did Harris say that these were his hogs, nor that they were stolen. 2. An alibi was clearly shown. The verdict is inconsistent with the evidence — the result of passion or prejudice. 51 Ark. 467; 56 Id. 314; 46 Id. 149. 3. The check was inadmissible, as no one identified defendant as being connected with it. 1. There was…
1Opinion of the CourtHart, J.
Bud Dennis was convicted of the crime of grand larceny, and has duly prosecuted an appeal to this court. The indictment charged him with stealing one red, white and black spotted gilt, two white and black spotted pigs, and nine spotted hogs, all marked with a crop off of the right ear and a hole in the left ear, the property of A. P. Plarris.
Harris testified that he owned hogs of the mark and description mentioned in this indictment. That they ran in the Bayou Bottoms in Poinsett County, near the Jackson line. That the hogs disappeared from their range in March, 1907, and that he does not…
2Cases cited1 opinion
- Jones v. StateSupreme Court of Arkansas · 1908
3Cited by1 opinion
- Harris (Lester) v. StateSupreme Court of Arkansas · 1932