Legal Opinion

Spencer v. State

Supreme Court of Arkansas

Decided April 30, 1917Published

Appeal from Faulkner Circuit Court; Thomas C. Trimble, Judge; 1. The verdict is contrary to the law and the evidence. Herbert Spencer testified and was not corroborated by any one. Evidence by an accomplice must be corroborated. 75 Ark. 540; 58 Id. 310; lb. 353; 36 Id. 117; 120 Id. 128. See, also, 63 Ark. 310; 120 Id. 148. 2. An accomplice is one who in any manner participated in the criminal act. Wharton Cr. Law., § 982, A; 36 Ark. 126; Am. & Eng. fenc.

Read the full summary

Appeal from Faulkner Circuit Court; Thomas C. Trimble, Judge; 1. The verdict is contrary to the law and the evidence. Herbert Spencer testified and was not corroborated by any one. Evidence by an accomplice must be corroborated. 75 Ark. 540; 58 Id. 310; lb. 353; 36 Id. 117; 120 Id. 128. See, also, 63 Ark. 310; 120 Id. 148. 2. An accomplice is one who in any manner participated in the criminal act. Wharton Cr. Law., § 982, A; 36 Ark. 126; Am. & Eng. fenc. Law (2 ed.), 390; 27 111. 152; 95 Am. Dee. 474. 3. The court erred in refusing to give instruction No. 2, defining an accomplice. Russell on…

1Opinion of the CourtHart, J.

C. H. Spencer prosecutes this appeal to reverse a judgment of conviction against him for the crime of forgery. The indictment charges him with having forged the name of Lee Mode to a check for $75 on the Farmers State Bank of Conway in favor of F. W. Morris.

Henderson Spencer testified 'that on the 2d day of March, 1916, C. H. Spencer gave him the check in question at Damascus, Faulkner County, Arkansas, and ¡asked him to present the check to the bank at Conway in Faulkner County and return him the money; that he put the check in his pocket and went to town with his father and presented the…

2Cases cited7 opinions

  1. Polk v. StateSupreme Court of Arkansas · 1880
  2. Joiner v. StateSupreme Court of Arkansas · 1914
  3. Bridger v. StateSupreme Court of Arkansas · 1916
  4. State v. DuffieldWest Virginia Supreme Court · 1901
  5. Woods v. StateSupreme Court of Arkansas · 1916

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API