Legal Opinion

Thomas v. State

Supreme Court of Arkansas

Decided January 20, 1908PublishedCited by 9 opinions

Appéal from Phillips Circuit Court; Hance N. Hutton, Judge; statement by the court. The' indictment in this cause charges appellant with having committed the offense of receiving stolen property, with the knowledge that it was stolen.

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Appéal from Phillips Circuit Court; Hance N. Hutton, Judge; statement by the court. The' indictment in this cause charges appellant with having committed the offense of receiving stolen property, with the knowledge that it was stolen. Testimony was adduced at the trial tending to show that one night about the last of April or the first of May, 1907, at Inman’s saloon in the- city of Helena, Phillips County, Arkansas, a watch of the value of twenty-five-dollars was stolen from William Willman; that the watch was stolen by a negro woman named Willie Reeves; that afterwards the watch was found…

1Opinion of the Court

Hart, J.,

(after stating the facts.) Appellant contends that the court erred in giving the following instruction to the jury: “The possession of property recently stolen, unexplained, or received that has been recently stolen, would be sufficient under this indictment to sustain a conviction, coupled with the fact that the property had been stolen and that the defendant knew that the property was stolen.” This instruction is erroneous because it was an expression of opinion by the trial judge as to the weight of the evidence. The objection to instructions of this kind is very clearly stated in…

2Cited by9 opinions

  1. Mays v. StateSupreme Court of Arkansas · 1924
  2. Sons v. StateSupreme Court of Arkansas · 1915
  3. Skaggs v. StateSupreme Court of Arkansas · 1908
  4. Coca-Cola Bottling Co. of Southeast Ark. v. BellSupreme Court of Arkansas · 1937
  5. Mitchell v. StateSupreme Court of Arkansas · 1916

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