Fort v. State
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court. STATEMENT BY THE COURT. Appellant was convicted of grand larceny, and appeals. He is charged with stealing a pair of shoes, trousers and suspenders and $3 in money from J. W. Alexander, a bridge foreman for the railway company, the articles having been taken in the daji-time from a boarding car where Alexander had left them while he was engaged in his daily work.
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Appeal from Ouachita Circuit Court. STATEMENT BY THE COURT. Appellant was convicted of grand larceny, and appeals. He is charged with stealing a pair of shoes, trousers and suspenders and $3 in money from J. W. Alexander, a bridge foreman for the railway company, the articles having been taken in the daji-time from a boarding car where Alexander had left them while he was engaged in his daily work. He discovered the theft in a short time, and the defendant confessed his guilt, and produced the stolen articles. The only defense offered was the mental incapacity of the defendant essential to…
1Opinion of the Court
McCurroch, J.,
(after stating the facts.) It must be conceded that the remarks of counsel for the State were highly improper. In effect, without having testified as a witness, he assured the jury that he had been reared in the city of Camden, had known the accused, and had as good opportunity to know his mental condition as any of the witnesses who had testified, and that he had never before heard that accused was lacking in mental capacity. It is difficult, frequently, for an appellate court to determine how far improper remarks of counsel have prejudiced the rights of the opposing litigant…
2Cases cited3 opinions
- Puckett v. StateSupreme Court of Arkansas · 1902
- German-American Insurance v. HarperSupreme Court of Arkansas · 1902
- Carroll v. StateSupreme Court of Arkansas · 1903
3Cited by5 opinions
- Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
- Brown v. StateSupreme Court of Arkansas · 1920
- Reese v. StateSupreme Court of Arkansas · 1905
- Boone v. HolderSupreme Court of Arkansas · 1908
- Pritchett v. StateSupreme Court of Arkansas · 1923