Hester v. State
Supreme Court of Arkansas
Appeal from Greene Circuit Court, Second Division; R. E. L. Johnson, Judge; 1. Tbe declaration as to appellant’s whereabouts on tbe night of the burglary, made by his mother immediately after her husband on the next day reported the occurrence of the burglary, was competent.
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Appeal from Greene Circuit Court, Second Division; R. E. L. Johnson, Judge; 1. Tbe declaration as to appellant’s whereabouts on tbe night of the burglary, made by his mother immediately after her husband on the next day reported the occurrence of the burglary, was competent. This exclamation was res gestae of the evidentiary fact of her remembrance as to where he was at the time the crime was committed, his whereabouts at that time being the ultimate, or principal, fact to be proved. Corpus Juris, vol. 22, p. 449; 88 S. W. 212, 215; 48 Art. 333; 17 Oye., 795. 2. The testimony of the witness…
1Opinion of the CourtHart, J.
Ray Hester prosecutes this appeal to reverse a judgment of conviction against him for the crime of burglary.
The first assignment of error is that the court erred in not telling the jury that Bill Woods was an accomplice, and that his testimony required corroboration in order to convict the defendant.
Among the witnesses for the State were Walter Cole, Bill Woods, and Gilbert Spillman. Walter Cole and Gilbert Spillman testified that they, in company with Ray Hester, broke into a mercantile establishment in Para-gould, Greene County, Arkansas, in April, 1920, in the night time and took therefrom…
2Cases cited4 opinions
- Elder v. StateSupreme Court of Arkansas · 1901
- Spivey v. StateSupreme Court of Arkansas · 1914
- Murphy v. StateSupreme Court of Arkansas · 1917
- Stevens v. StateSupreme Court of Arkansas · 1914
3Cited by6 opinions
- Sweatt v. StateSupreme Court of Arkansas · 1971
- Tyler v. StateSupreme Court of Arkansas · 1979
- Long v. State and Blevins v. StateSupreme Court of Arkansas · 1936
- McCabe v. StateSupreme Court of Arkansas · 1968
- Sweatt v. StateSupreme Court of Arkansas · 1971
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