Earnest v. State
Supreme Court of Arkansas
Appeal from Calhoun. Circuit Court; G. W. Smith, Judge; Counsel review the evidence at length and contend that it wholly fails, aside from the testimony of Harper, tbe alleged accomplice, to connect appellant with the commission of the crime. And Harper’s testimony, uncorroborated, is not sufficient evidence upon which to base a conviction. Kirby’s Dig., § 2384. The judgment should be reversed and the cause dismissed.
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Appeal from Calhoun. Circuit Court; G. W. Smith, Judge; Counsel review the evidence at length and contend that it wholly fails, aside from the testimony of Harper, tbe alleged accomplice, to connect appellant with the commission of the crime. And Harper’s testimony, uncorroborated, is not sufficient evidence upon which to base a conviction. Kirby’s Dig., § 2384. The judgment should be reversed and the cause dismissed. The testimony tending to corroborate the accomplice is meagre, but there is some testimony of a substantial, nature corroborating his testimony, namely, the testimony of the…
1Opinion of the CourtMcCulloch, C. J.
The defendant, Albert Earnest was convicted of the crime of burglary, and appeals to this court from the judgment of conviction. The charge in the indictment is that he, together with one Jamie Oliver, broke and entered the storehouse of D. B. Speer in the town of Tinsmian, Calhoun County, Arkansas, with intent to commit grand larceny, and did then and there commit the offense of grand 'larceny by stealing merchandise consisting of three coats and six pairs of trousers, of the aggregate value of thirty-nine dollars.
The proof shows that the articles .alleged to have been stolen were found,…
2Cited by8 opinions
- Bennett and Holiman v. StateSupreme Court of Arkansas · 1940
- Casteel v. StateSupreme Court of Arkansas · 1921
- Roath v. StateSupreme Court of Arkansas · 1932
- Brewer v. StateSupreme Court of Arkansas · 1918
- Strum v. StateSupreme Court of Arkansas · 1925
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