Long v. State
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The evidence fails to connect defendant with breaking and entering a house as charged in the indictment. At most the only charge made against defendant would be receiving stolen property.
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Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The evidence fails to connect defendant with breaking and entering a house as charged in the indictment. At most the only charge made against defendant would be receiving stolen property. There is nothing tending to show the connection of defendant with the burglary. 100 Ark. 188. Mere suspicion is not proof. 68 Ark. 529; 85 Id. 360. 2. The court erred in its instructions as to possession of stolen property. 83 Ark. 194. Instruction No. 5 should not have been given. 44 Ark. 39. 3. The State failed to prove a material allegation in the…
1Opinion of the CourtHumphreys, J.
Appellant was indicted, tried and convicted in the White Circuit Court of grand larceny-and burglary. His punishment for the larceny was fixed at one year in the penitentiary, and for the burglary at three years in the penitentiary. An appeal has been duly prosecuted to this court, and a reversal of the judgment of conviction and assessment of penalties is sought upon the following grounds:
First. Because the evidence fails to connect appellant with breaking and entering the house, as charged in the indictment.
Second. ' Because the State failed to prove that the Searcy Electric Light…
2Cases cited10 opinions
- Kansas City Southern Railway Co. v. MorrisSupreme Court of Arkansas · 1906
- Douglass v. StateSupreme Court of Arkansas · 1909
- Sons v. StateSupreme Court of Arkansas · 1915
- Duckworth v. StateSupreme Court of Arkansas · 1907
- Andrews v. StateSupreme Court of Arkansas · 1911
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mays v. StateSupreme Court of Arkansas · 1924
- Yelvington v. StateSupreme Court of Arkansas · 1925
- Pearrow v. StateSupreme Court of Arkansas · 1920
- Hogue v. StateSupreme Court of Arkansas · 1937
- Dixon v. StateSupreme Court of Arkansas · 1934
4 more not listed; retrieve them via the Exa API.