Legal Opinion

Sims v. State

Supreme Court of Arkansas

Decided November 12, 1917PublishedCited by 12 opinions

Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; 1: The court erroneously construed the statute under which defendant was indicted in holding that the intent of the giver was wholly immaterial and so instructing the jury. Kirby’s Digest, § 1602; 65 111. 58; 47 La.

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Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; 1: The court erroneously construed the statute under which defendant was indicted in holding that the intent of the giver was wholly immaterial and so instructing the jury. Kirby’s Digest, § 1602; 65 111. 58; 47 La. Ann. 977; 23 Col. 300; 47 Pac. 375; 18 Col. 373; 38 Mich. 313. 2. The instruction No. 10 as to conspiracy was not justified by the evidence and was prejudicial. 87 Ark. ■34; 95 Id. 460. 3. No. 11 was confusing and calculated to mislead. 4. It was error to instruct the jury that it was immaterial whether the…

1Opinion of the CourtMcCULLOCH, C. J.

Appellant Sims was a senator in the General Assembly of Arkansas, which convened in regular session in January, 1917, and he is charged with the crime of bribery, alleged to have been committed by accepting from one John E. McGraw the sum of $900 to influence his official action with respect to a bill then pending in the Senate, designated as Senate Bill No. 302, providing for the regulation and taxation of trading stamps or coupons.

A demurrer to the indictment was presented on the ground that it was not alleged that McGraw paid the money to appellant with the corrupt intent to influence the…

2Cases cited7 opinions

  1. Hogue v. StateSupreme Court of Arkansas · 1910
  2. People v. BunkersCalifornia Court of Appeal · 1905
  3. Butt v. StateSupreme Court of Arkansas · 1906
  4. Chapline v. StateSupreme Court of Arkansas · 1906
  5. Commonwealth v. MurrayMassachusetts Supreme Judicial Court · 1883

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Davis v. StateSupreme Court of Arkansas · 1922
  2. People v. LyonsIllinois Supreme Court · 1954
  3. State v. WhetstoneWashington Supreme Court · 1948
  4. People v. FryeMichigan Supreme Court · 1929
  5. Rowland v. StateSupreme Court of Arkansas · 1948

7 more not listed; retrieve them via the Exa API.

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