Monk v. State
Supreme Court of Arkansas
Appeal from J efferson Circuit Court; W. B. Sorrells, Judge; 1. The evidence does not support the verdict. The court should have given the instruction asked as to the presumption of innocence. 1 G-reenleaf on Ev., par. 34. 2. It was error also to refuse to give No. 4 as to reasonable doubt. May’s Cr.
Read the full summary
Appeal from J efferson Circuit Court; W. B. Sorrells, Judge; 1. The evidence does not support the verdict. The court should have given the instruction asked as to the presumption of innocence. 1 G-reenleaf on Ev., par. 34. 2. It was error also to refuse to give No. 4 as to reasonable doubt. May’s Cr. Law, par. 277; 25 Cyc. 18; 179 5. W. 568. 3. To constitute larceny there must be a felonious intent, ánd the court erred in refusing instruction No. 6 asked. 60 Ark. 5. 4. Robinson was an accomplice and his testimony is not corroborated. 109 Ark. 498; 108 Id. 447. If appellant believed the hogs…
1Opinion of the CourtSmith, J.
Appellant was convicted of grand larceny, alleged to have been committed by stealing two hogs, the property of W. H. Robinson. Under the allegations of the indictment, he stood charged as principal offender, and by this appeal he questions both the sufficiency of the evidence and the correctness of the instructions under which the case was submitted to the jury, and also the action of the court in admitting, over his objection, certain evidence.
The evidence on the part of the State may be summarized as follows: One Ed Robinson testified that, on the morning when the hogs in question were…
2Cases cited8 opinions
- Coffin v. United StatesSupreme Court of the United States · 1895
- Cochran & Sayre v. United StatesSupreme Court of the United States · 1895
- Howard v. StateSupreme Court of Arkansas · 1904
- People v. MacardMichigan Supreme Court · 1888
- Vaughan v. CommonwealthSupreme Court of Virginia · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Anderson v. StateSupreme Court of Arkansas · 2003
- Hummel v. StateSupreme Court of Arkansas · 1946
- Hall v. StateSupreme Court of Arkansas · 1923
- Gerlach v. StateSupreme Court of Arkansas · 1950
- Cole v. StateSupreme Court of Arkansas · 1922
13 more not listed; retrieve them via the Exa API.