Shell v. State
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Jacob M. Carter, Judge; Proof of ownership is always material — none here. 58 Ark. 38; 67 Id. 154. Corpus delicti not proved, and the so-called confession was extra-judicial, and there was no proof outside the confession. There must be corroboration. 1 Gr. Ev. § 217; Kirby’s Digest, § 2385; 43 Ark. 367; 73 .Id. 411; 9 Bush, 149; 77 Ark. 126. There was sufficient evidence to establish corpus delicti.
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Appeal from Clark Circuit Court; Jacob M. Carter, Judge; Proof of ownership is always material — none here. 58 Ark. 38; 67 Id. 154. Corpus delicti not proved, and the so-called confession was extra-judicial, and there was no proof outside the confession. There must be corroboration. 1 Gr. Ev. § 217; Kirby’s Digest, § 2385; 43 Ark. 367; 73 .Id. 411; 9 Bush, 149; 77 Ark. 126. There was sufficient evidence to establish corpus delicti. The free and voluntary confession, with the statement and conduct of the person robbed, is suffiicent.
1Opinion of the CourtHart, J.
Appellant was indicted, tried and convicted of the crime of robbery. The indictment was returned at the January term, 1907, and the trial was had at the August term, 1907, of the Clark Circuit Court.
The State introduced the following testimony.
A. W. Wilson: T was foreman of the grand jury last January. We returned an indictment against John Shell, charging him with robbing a man whose name to us was unknown. We made an effort to find out his name.”
John Overton: “I have been a constable and a justice of the peace; but I held no official position in last December. Sometime last November there…
2Cases cited2 opinions
- Meisenheimer v. StateSupreme Court of Arkansas · 1904
- Boykin v. StateSupreme Court of Arkansas · 1879
3Cited by2 opinions
- Lane v. StateSupreme Court of Arkansas · 1986
- Trotter v. StateSupreme Court of Arkansas · 1949