Legal Opinion

Simms v. State

Supreme Court of Arkansas

Decided September 30, 1912PublishedCited by 4 opinions

Appeal from Prairie Circuit Court, Southern District; Eugene Lankford, Judge; One who in any manner participates in the criminality of an act, whether as principal in the first or second degree or merely as an accessory before or after the fact, is an accomplice. 96 Ark. 13; 90 Ark. 461; 51 Ark. 115; 50 Ark. 534; 43 Ark. 371; 45 Ark. 539; 36 Ark. 117. See Kirby’s Digest, § 1562. Whether or not the witness Alice Walls was an accessory after the fact or accomplice was a mixed…

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Appeal from Prairie Circuit Court, Southern District; Eugene Lankford, Judge; One who in any manner participates in the criminality of an act, whether as principal in the first or second degree or merely as an accessory before or after the fact, is an accomplice. 96 Ark. 13; 90 Ark. 461; 51 Ark. 115; 50 Ark. 534; 43 Ark. 371; 45 Ark. 539; 36 Ark. 117. See Kirby’s Digest, § 1562. Whether or not the witness Alice Walls was an accessory after the fact or accomplice was a mixed question of law and fact to be submitted to the jury under proper instructions, unless the testimony shows conclusively…

1Opinion of the CourtMcCulloch, C. J.

The defendant, Chester Simms, is accused of the crime of murder in the first degree in killing one Kirk Morford, alleged to have been committed on December 30, 1911, at the town of DeValls Bluff, in Prairie County. He was convicted of the crime charged against him in the indictment, and sentenced to be hanged.

The dismembered body of Morford was found on the railroad track near DeValls Bluff on Sunday morning, December 31, 1911, about fifty or seventy-five yards distant from the house of a woman named Rosalind Mann. Though the body was greatly mutilated, very little blood had, according to the…

2Cases cited3 opinions

  1. Melton v. StateSupreme Court of Arkansas · 1884
  2. Carroll v. StateSupreme Court of Arkansas · 1885
  3. McFalls v. StateSupreme Court of Arkansas · 1898

3Cited by4 opinions

  1. Earl v. StateSupreme Court of Arkansas · 1981
  2. Odom v. StateSupreme Court of Arkansas · 1976
  3. Breed v. StateSupreme Court of Arkansas · 1939
  4. Spencer v. StateSupreme Court of Arkansas · 1917

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