Hubbard v. State
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; John W. Muuks; Judge; STATUMUNT BY THU COURT. . '■ At the July term, 1905, of the Randolph Circuit Court, appellant, Ed Hubbard, was indicted, tried and convicted of the crime of murder in the first degree, and sentenced to be hanged. He is charged with killing one W. P. Burns by drowning him in Spring River, which is the boundary line, at the place where the crime is said to have been 'committed, between Randolph and Eawrence counties.
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Appeal from Randolph Circuit Court; John W. Muuks; Judge; STATUMUNT BY THU COURT. . '■ At the July term, 1905, of the Randolph Circuit Court, appellant, Ed Hubbard, was indicted, tried and convicted of the crime of murder in the first degree, and sentenced to be hanged. He is charged with killing one W. P. Burns by drowning him in Spring River, which is the boundary line, at the place where the crime is said to have been 'committed, between Randolph and Eawrence counties. Burns lived in Randolph County on the bank of Spring River, and operated a ferry known as Burns’s Ferry. A few months…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) The court committed an error in giving instruction No. 7. By it the jury were told that they might' convict the defendant if they were satisfied, beyond a reasonable doubt, by the confession alone, or in connection with all other testimony in the case, that he was guilty of the crime charged. The confession alone is insufficient to sustain a conviction. There must be other proof of the commission of the offense. Kirby’s Digest, § 2385.
It is not essential that the corpus delicti be established by proof entirely independent of the confession, and the…
2Cases cited1 opinion
- Meisenheimer v. StateSupreme Court of Arkansas · 1904
3Cited by6 opinions
- Greenwood v. StateSupreme Court of Arkansas · 1913
- Ezell v. StateSupreme Court of Arkansas · 1950
- Harshaw v. StateSupreme Court of Arkansas · 1910
- Lind v. StateSupreme Court of Arkansas · 1918
- Mouser v. StateSupreme Court of Arkansas · 1949
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