Benson v. State
Supreme Court of Arkansas
Appeal from Polk Circuit Court; James 8. Steel, Judge; The testimony introduced was not sufficient to justify a conviction.
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Appeal from Polk Circuit Court; James 8. Steel, Judge; The testimony introduced was not sufficient to justify a conviction. Even if there was an indictment for conspiracy, and Briscoe was shown to have been connected with the offense, it could not he used against the defendant until there was evidence first showing the conspiracy between them. 77 Ark. 444; 78 Ark. 284; 95 Ark. 460; 87 Ark. 34. The court erred in admitting the evidence of Tis-dale, Hazel and Earl Tisdale, as to what was found on the premises of defendant,- as they had no warrant, and the search and seizure was unlawful, and…
1Opinion of the CourtSmith, J.
Appellant was convicted of making intoxicating liquors, and has appealed. He strongly insists that the testimony is insufficient to support the verdict; that the court erred in admitting testimony and in instructing the jury and in permitting a witness' named Tisdale to remain in the courtroom during the progress of the trial when other witnesses had been put under the rule.
Testimony tending to support the verdict was offered to the following effect: J. T. Tisdale, a Federal prohibition enforcement officer, received information that a still was being operated. He applied to, and received…
2Cases cited14 opinions
- Carpenter v. StateSupreme Court of Arkansas · 1896
- Vance v. StateSupreme Court of Arkansas · 1902
- Hogue v. StateSupreme Court of Arkansas · 1910
- Ince v. StateSupreme Court of Arkansas · 1905
- Oakes v. StateSupreme Court of Arkansas · 1918
9 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Elkins v. United StatesSupreme Court of the United States · 1960
- Wolf v. ColoradoSupreme Court of the United States · 1949
- Fuller v. StateSupreme Court of Alabama · 1959
- State v. TonnSupreme Court of Iowa · 1923
- State v. OwensSupreme Court of Missouri · 1924
26 more not listed; retrieve them via the Exa API.