Fort v. State
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. John S. Little, Judge. The appellants, J. D. Fort and H. W. Fort, were indicted by the grand jury of Logan County for the crime of burglary charged to have been committed on the night of February 17, 1887, by breaking and entering the court house of that county, with intent to steal certain public moneys and school funds then being in that building.
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APPEAL from Sebastian Circuit Court. John S. Little, Judge. The appellants, J. D. Fort and H. W. Fort, were indicted by the grand jury of Logan County for the crime of burglary charged to have been committed on the night of February 17, 1887, by breaking and entering the court house of that county, with intent to steal certain public moneys and school funds then being in that building. They obtained a change of venue to the Circuit Court of Sebastian County for the Greenwood District, in which they were tried and convicted. The evidence shows that on the night mentioned in the indictment the…
1Opinion of the CourtCockrill, C. J.
1 Instructions: Assumption of guilt. 2. same: Refusing unneccessary charge. the course of its charge the courtold t the jury that Hawkins Corley, upon whose testimony the State relied for a conviction, was an accomplice. The appellants, without making specific objection to that part of the charge at the trial, but relying solely upon a general objection to the •entire charge, now single out that clause, and argue that it is erroneous because it assumes that they are guilty. A survey of the whole charge does not warrant the assumption, but leaves the unmistakable impression that the court did…
2Cases cited2 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- McIntosh v. LivingstonSupreme Court of Iowa · 1875
3Cited by17 opinions
- State v. CalderMontana Supreme Court · 1900
- State v. SmithSupreme Court of Minnesota · 1919
- Clardy v. StateSupreme Court of Arkansas · 1910
- Railway Co. v. YarboroughSupreme Court of Arkansas · 1892
- Firemen's Insurance Co. v. LittleSupreme Court of Arkansas · 1934
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