Legal Opinion

Sullivan v. State

Supreme Court of Arkansas

Decided October 13, 1913PublishedCited by 5 opinions

Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. Due diligence was shown, and the testimony of the absent witness was material in that it would refute the State’s contention that the belts were the property of the witness Parmer.

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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. Due diligence was shown, and the testimony of the absent witness was material in that it would refute the State’s contention that the belts were the property of the witness Parmer. The denial of appellant’s motion for a continuance was an abuse of discretion. 2. In a case of interstate larceny, before the court can acquire jurisdiction, it must affirmatively appear that the defendant himself stole the property in the foreign jurisdiction, and himself, with continuous felonious intent, brought it into the jurisdiction of the trial…

1Opinion of the CourtMcCulloch, C. J.

The indictment against the. defendant, George W. Sullivan, contained two counts, the first charging him with the crime of grand larceny by stealing two gin belts, of the value of $40 and $20, respectively, the property of one J. P. Parmer, and the other count charging him with receiving stolen property of said J. P. Parmer, knowing it to have been stolen. On trial of the case before a jury, defendant was found guilty of grand larceny under the first count.

The testimony adduced by the State tended to show that two belts, belonging to Parmer, were stolen from the latter’s gin house just across…

2Cases cited5 opinions

  1. Douglass v. StateSupreme Court of Arkansas · 1909
  2. Wiley v. StateSupreme Court of Arkansas · 1909
  3. Gunter v. StateSupreme Court of Arkansas · 1906
  4. Jackson v. StateSupreme Court of Arkansas · 1912
  5. Wilson v. StateSupreme Court of Arkansas · 1911

3Cited by5 opinions

  1. Pearson v. StateSupreme Court of Arkansas · 1915
  2. Stewart v. StateSupreme Court of Arkansas · 1964
  3. Bryant v. StateSupreme Court of Arkansas · 1945
  4. Trumbull v. MartinSupreme Court of Arkansas · 1918
  5. Moore v. StateSupreme Court of Arkansas · 1931

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