Legal Opinion

Housley v. State

Supreme Court of Arkansas

Decided April 19, 1920PublishedCited by 5 opinions

Appeal from Garland Circuit Court; Scott Wood, Judge; ' 1. The court erred in refusing to grant a change of venue and abused its discretion in so doing. The supporting affidavits are in due form, stated the necessary-facts and that due diligence had been used, and hence the court abused its discretion in refusing the motion. 68 Ark. 466, 60 S. W. 31; 90 Ark. 139,135 S. W. 821. The ruling of the court was arbitrary. 2. The verdict is contrary to the evidence.

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Appeal from Garland Circuit Court; Scott Wood, Judge; ' 1. The court erred in refusing to grant a change of venue and abused its discretion in so doing. The supporting affidavits are in due form, stated the necessary-facts and that due diligence had been used, and hence the court abused its discretion in refusing the motion. 68 Ark. 466, 60 S. W. 31; 90 Ark. 139,135 S. W. 821. The ruling of the court was arbitrary. 2. The verdict is contrary to the evidence. In the absence of the defendant the acts and declarations of co-conspirators were not competent evidence and it was error to admit them.…

1Opinion of the CourtMcCulloch, C. J.

Appellant, A. H. Honsley, was convicted of the crime of receiving stolen property, to-wit: A Buick automobile, the property of Dr. J. it. Dibrell, of Little Rock, which was stolen by Horace Hays and Clyde Campbell and sold to appellant. The car was stolen by Hays and Campbell from Dr. Dibrell’s garage in the city of Little Rock, and was taken by them to Hot Springs, where, according to the testimony, they sold it to appellant, who resided in Hot Springs.

The first ground urged for reversal of the judgment is that the court erred in refusing to grant a change of venue, but as the petition and…

2Cases cited2 opinions

  1. Easter v. StateSupreme Court of Arkansas · 1910
  2. Adkisson v. StateSupreme Court of Arkansas · 1920

3Cited by5 opinions

  1. Caton v. StateSupreme Court of Arkansas · 1972
  2. Wacaster v. StateSupreme Court of Arkansas · 1927
  3. Rushing v. StateSupreme Court of Arkansas · 1930
  4. Caton v. StateSupreme Court of Arkansas · 1972
  5. Wacaster v. StateSupreme Court of Arkansas · 1927

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