Spivey v. State
Supreme Court of Arkansas
. Appeal from Little River Circuit Court; Jefferson T. Cowling, Judge; 1. The venue was not proven. The yearling ranged in both Sevier and Little River counties. 2. To raise a presumption of guilt the possession mtist be recent and not a long time after the larceny. 17 R. C. L., § 78; 37 Tex. 202; 51 Am.
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. Appeal from Little River Circuit Court; Jefferson T. Cowling, Judge; 1. The venue was not proven. The yearling ranged in both Sevier and Little River counties. 2. To raise a presumption of guilt the possession mtist be recent and not a long time after the larceny. 17 R. C. L., § 78; 37 Tex. 202; 51 Am. Rep. 298; 4 Wigmore on Ev., § 2513; 92 Ark. 586; 91 Id. 495; 100 Id. 204. 3. i The assistant prosecuting attorney’s argument was improper and a misstatement of the law. 12 Cyc. 584; 22 Ark. 253; 12 S. W. 879; 61 Ark. 137; 72 Id. 461; 74 Id. 256; 76 Id. 430; 82 Id. 432; 83 Id. 193; 86 Id. 341.…
1Opinion of the CourtHart, J.
Ben Spivey, Sr., prosecutes this appeal to reverse the judgment of conviction against him for the crime of grand larceny charged to have been committed by stealing a dark red heifer belonging to William Hawkins. William Hawkins lived northeast of Wilton, in Little River County, Arkansas, and, among other cattle, owned a dark red muley heifer, which became two years of age in April, 1916. Ben Spivey, Sr., lived about seven miles from him in Sevier County, Arkansas. Little River was between them and formed the boundary line between Little River and Sevier counties. Some time in March, 1916,…
2Cases cited5 opinions
- Blankenship v. StateSupreme Court of Arkansas · 1891
- Sons v. StateSupreme Court of Arkansas · 1915
- Cranford v. StateSupreme Court of Arkansas · 1917
- Bloom v. StateSupreme Court of Arkansas · 1900
- Mitchell v. StateSupreme Court of Arkansas · 1916
3Cited by9 opinions
- Mays v. StateSupreme Court of Arkansas · 1924
- Petty v. StateSupreme Court of Arkansas · 1968
- McDonald v. StateSupreme Court of Arkansas · 1924
- Atwood v. StateSupreme Court of Arkansas · 1931
- Ridenour v. StateSupreme Court of Arkansas · 1931
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