Mitchell v. State
Supreme Court of Arkansas
Appeal from Miller Circuit Court; fíeo. R. Haynie, Judge; 1. The court erred in giving that part of its oral instruction as follows: “Possession of recently stolen property is evidence of guilt, ” etc.
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Appeal from Miller Circuit Court; fíeo. R. Haynie, Judge; 1. The court erred in giving that part of its oral instruction as follows: “Possession of recently stolen property is evidence of guilt, ” etc. This was an expression of opinion by the court as to the weight of evidence and is forbidden.by our constitution. 81 Ark. 189; 83 Id. 195; 55 Ark. 244; 34 Id. 443; 44 Id. 39; 85 Ark. 138. 2. There was no evidence that defendant, at any time, had any of the stolen property in his possession.* 3. Other errors are pointed out in the court’s charge and in the admission of testimony, but they are…
1Opinion of the CourtWood, J.
Appellant was indicted June 6, 1916, in the Miller circuit court, on a joint charge of burglary and grand larceny for entering the store of R. W. Cocke during the night of April 6, 1916. He was tried on June 15, and was acquitted of burglary and found guilty of grand larceny, and his punishment assessed at three years in the penitentiary.
The testimony tended to show that on the night alleged Cocke’s store was entered and goods of the value of over ten dollars stolen. The goods consisted of flour, lard, tobacco, etc. A few days after the store was entered some of the property, which Cocke…
2Cases cited4 opinions
- Blankenship v. StateSupreme Court of Arkansas · 1891
- Sons v. StateSupreme Court of Arkansas · 1915
- Duckworth v. StateSupreme Court of Arkansas · 1907
- Thomas v. StateSupreme Court of Arkansas · 1908
3Cited by7 opinions
- Mays v. StateSupreme Court of Arkansas · 1924
- Hinson v. StateSupreme Court of Arkansas · 1918
- Coca-Cola Bottling Co. of Southeast Ark. v. BellSupreme Court of Arkansas · 1937
- Long v. StateSupreme Court of Arkansas · 1919
- Spivey v. StateSupreme Court of Arkansas · 1917
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