Wells v. State
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Eugene Lankford, Judge; I. Instruction No. 1 on the question of alibi as a defense is erroneous; while instruction No. 4, given at appellant’s request, correctly states the law. The two are in irreconcilable conflict.
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Appeal from Monroe Circuit Court; Eugene Lankford, Judge; I. Instruction No. 1 on the question of alibi as a defense is erroneous; while instruction No. 4, given at appellant’s request, correctly states the law. The two are in irreconcilable conflict. If a defendant who relies upon the plea of alibi fails to produce a preponderance of evidence in support of that plea, still, if his proof upon that question raises a doubt as to defendant’s guilt upon the whole case, it is the jury’s duty to acquit. 103 Ala. 36; 94 Ala. 14; 52 Pac. 352; 59 Ark. 379; 55 Ark. 244; 24 Cal. 61; 31 Fla. 166, 172…
1Opinion of the CourtMcCulloch, C. J.
Appellant was convicted under an indictment for grand larceny, charging him with having stolen 1,100 pounds of seed cotton, of the value of $40, the property of H. Whitefield and W. L. Jeffries. The evidence tends to show that Whitefield was a tenant of Jeffries on the latter's plantation in Monroe County, and that the crop was mortgaged to Jeffries to secure the rent and also a debt for supplies. Whitefield had turned the crop over to the agent of Jeffries, who weighed up the cotton in a pen on the farm, from which the evidence tends to show it was stolen.
It is contended that there was a…
2Cases cited3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Blankenship v. StateSupreme Court of Arkansas · 1891
- Ware v. StateSupreme Court of Arkansas · 1894
3Cited by12 opinions
- McLemore v. StateSupreme Court of Arkansas · 1914
- Silvie v. StateSupreme Court of Arkansas · 1915
- Conway v. StateCourt of Appeals of Arkansas · 1998
- Griffin v. StateSupreme Court of Arkansas · 1925
- Haskins v. StateSupreme Court of Arkansas · 1921
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