Bost v. State
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Lake City District; R. E. L. Johnson, Judge; The court erred in refusing defendant’s instruction No. 1. 117 Ark. 296. But whether this instruction should have been given or not, the evidence does not sustain the verdict. Confesses error in that the evidence does not sustain the conviction, as there is absolutely no proof that the cotton defendant sold was the same cotton stolen the night before.
1Opinion of the CourtSmith, J.
Appellant was convicted of the offense of grand larceny alleged to have been committed by stealing twelve hundred pounds- of seed cotton, and has prosecuted this appeal.(1) The Attorney General has confessed error because in his opinion the testimony is not legally sufficient to support the verdict. In the Stató’s brief it is said: “There is absolutely no proof that the cotton which defendant sold was the same cotton that was stolen the .night before, and the evidence which shows that the person who stole the cotton drove a team of mules, refutes the idea that defendant stole it, for the…
2Cases cited5 opinions
- Jones v. StateSupreme Court of Arkansas · 1895
- Lackey v. StateSupreme Court of Arkansas · 1900
- Green v. StateSupreme Court of Arkansas · 1881
- Davis v. StateSupreme Court of Arkansas · 1915
- Thompson v. StateSupreme Court of Arkansas · 1917
3Cited by13 opinions
- Upton v. StateSupreme Court of Arkansas · 1974
- Adams v. StateSupreme Court of Arkansas · 1928
- Payne v. StateSupreme Court of Arkansas · 1928
- Harshaw v. StateSupreme Court of Arkansas · 1982
- Osburne v. StateSupreme Court of Arkansas · 1930
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