Legal Opinion · Dissent

Sims v. State

Supreme Court of Arkansas

Decided March 20, 1972No. 5664Published

1DissentJohn A. Fogleman, Justice

I respectfully dissent. I would affirm this judgment. To begin with, I am of the opinion that the testimony proffered by the prosecuting attorney was admissible in evidence, even though it tended to prove other offenses by appellant. I do not agree with the majority characterization of the proffered testimony as suspicious circumstances only, apparently made because the owners of the lost property believed that their baby-sitter had stolen their missing property found in her possession. This was more than suspicion; it was evidence of larceny, at the most, and possession of stolen property,…

2Cases cited32 opinions

  1. Alford v. StateSupreme Court of Arkansas · 1954
  2. Larry Howard Homan v. United StatesCourt of Appeals for the Eighth Circuit · 1960
  3. J. Stacey Henderson v. United StatesCourt of Appeals for the Sixth Circuit · 1955
  4. McMullen v. Travelers InsuranceSupreme Court of the United States · 1960
  5. Holder v. StateSupreme Court of Arkansas · 1894

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