Legal Opinion

Bundy v. State

Supreme Court of Arkansas

Decided June 27, 1910PublishedCited by 1 opinion

Appeal from Prairie Circuit Court, Southern District; Eugene Lankford, Judge; The admission of a co-conspirator is not admissible until the fact of conspiracy is proved aliunde. 77 Ark. 444. The evidence failed to show a conspiracy between appellants. The indictment was sufficient to put appellants upon notice of what they were expected to answer.

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Appeal from Prairie Circuit Court, Southern District; Eugene Lankford, Judge; The admission of a co-conspirator is not admissible until the fact of conspiracy is proved aliunde. 77 Ark. 444. The evidence failed to show a conspiracy between appellants. The indictment was sufficient to put appellants upon notice of what they were expected to answer. Kirby’s Dig., § §’2228, 2241, 2242 and 2243; 84 Ark. 477. It was not necessary to prove an unlawful agreement between appellants by direct and positive evidence. 77 Ark. 444.

1Opinion of the CourtMcCulloch, C. J.

Appellants, Jantes ¡Bundy arid C. S.Bell, who were school directors in a certain common school district in Prairie County, were tried and convicted under an indictment charging them with unlawfully conspiring together to cheat and defraud one Geneva Lucas out of the sum of $20 by exacting and. demanding of her said sum of money as a corrupt consideration to be paid to them for her employment as a teacher in the public school • of said district. Bundy and Bell and one Brown had been directors of the district, but Brown died about the time or shortly before the time a contract was entered into…

2Cases cited2 opinions

  1. Chapline v. StateSupreme Court of Arkansas · 1906
  2. Cumnock v. StateSupreme Court of Arkansas · 1908

3Cited by1 opinion

  1. Housley v. StateSupreme Court of Arkansas · 1920

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